Frequently Asked Questions

A: If a decedent’s estate requires an administration, an application for probate of will and issuance of letters testamentary is filed. After a posting period, a court hearing is held to appoint the executor of the will.

A: The executor is the person designated in a will to gather assets and distribute the estate. This person is usually the applicant requesting the court to accept the will as valid in a probate proceeding. Texas has the existence of an “independent executor.” This means once the independent executor is appointed by the court, this person has the freedom to distribute the estate without court intervention.

A: The executor has the fiduciary responsibility to distribute the estate as set out in the decedent’s will. in addition, the executor has some statutory responsibilities, including having a notice to creditors printed in a newspaper and filing an inventory of the estate or affidavit in lieu of inventory. These are addressed more specifically in the Texas Estates Code.

A: A letter of testamentary is the document the executor receives from the county clerk showing their authority to access the decedent’s property and estate. it is the tool used to gather all of the decedent’s estate for distribution.

A: Generally, you have four years to file a will for probate.

A: Not necessarily. It depends on what is contained in the decedent’s estate. Non-probate assets, such as financial accounts with right of survivorship, financial accounts payable on death, and life insurance policies with a living beneficiary, pass to those persons regardless of the terms of a will or the existence of a will.

A: Because of the existence of an independent executor, Texas has a relatively simple probate process. What happens if someone dies without a Will?

Probate proceedings are still available depending on the decedent’s estate. if the estate is relatively small, a small estate affidavit may be an option; or heirship affidavits for real property. There is also the declaration of heirship proceeding and administration proceedings. sometimes a proceeding in probate court is unavoidable.

A: Your will designates those persons you would like to receive your estate at your death, and the details of the distribution of your estate. If you do not have a will, the State of Texas, pursuant to the Texas Estates Code, will determine how your property passes to particular family members upon your death. Generally, it is a simpler procedure to distribute your estate with a will than without one.

A: The executor is the person designated in your will to distribute your estate. The executor is usually named as an “independent executor.” This means once the independent executor is appointed by the court, this person has the freedom to distribute the estate without Court intervention.

A: Other than the distribution of your estate, you can also name a guardian for any minor children, and the guardian of the estate of your minor children.

A: Texas recognizes the existence of a holographic will or a document entirely in the testator’s handwriting that disposes of the testator’s estate.

A: Yes. A will must be signed by the testator and two witnesses who are not related to you and who are not named as beneficiaries in your will.

A: “self-proved” will is one in which the testator’s and witnesses’ signatures are all notarized. By “self-proving” a will, it avoids the necessity of finding and bringing the witnesses who signed the will to testify at court, and of proving the testator’s signature on the will.

A: A medical power of attorney allows you the opportunity to choose an agent to make medical decisions for you should you not be able to make such decisions for yourself.

A: A directive to physician or family and surrogates allows you the opportunity to make a treatment decision now should you, sometime in the future, meet certain medical criteria. Specifically, this occurs in two situations.

If in the judgment of your physician, you are suffering from a terminal condition from which you are expected to die within six months, even with the available life-sustaining treatment provided in accordance with prevailing standards of medical care, you may request that all treatments other than those needed to keep you comfortable be discontinued or withheld and your physician allow you to die as gently as possible, or you may request that you be kept alive in the terminal condition using available life-sustaining treatment.

If in the judgment of your physician, you are suffering from an irreversible condition so that you cannot care for yourself or make decisions for yourself and are expected to die without life-sustaining treatment provided in accordance with prevailing standards of care, you may request that all treatments other than those needed to keep you comfortable be discontinued or withheld and your physician allow you to die as gently as possible, or you may request that you be kept alive in this irreversible condition using available life-sustaining treatment.

A: A statutory durable power of attorney allows you the opportunity to choose an agent to make financial and business-type decisions should not you be able to make these decisions for yourself, such as selling real property, dealing with social security, managing financial accounts, paying taxes, etc.

A: An appointment for disposition of remains allows you the opportunity to choose an agent to make funeral decisions, or decisions about cremation and burial not already made by you during your lifetime.