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Probating Wills in Texas

Three things every Texas will should have.

  1. A provision for an Independent Executor;


  2. A provision to eliminate the need for bond;


  3. A self-proving Affidavit.
If a person dies with a will in Texas, probating the estate of the deceased will be a lot easier than if the person died without a will. If the person's only asset is real estate, the will can be probated as a "Muniment of Title" which will be much less expensive and quicker than any other type of probate. This is an excellent process that exists only in Texas. The fact that it exists only in Texas is also a detriment in some respects. That is because few attorneys or financial institutions outside of the state of Texas will be familiar with this process.

Probate Wills in Texas Generally speaking, if more than real estate is owned in the estate, the will would be probated and an executor would be appointed.

There are two types of executors in Texas. There are "independent" and "dependent" executors. The only way to get an independent executor is if the will provides for it or if the court allows it in its own discretion. It is a good idea, therefore, to always provide for an independent executor in the will when it is appropriate.

The executor will be in charge of carrying out the will. If the executor is independent, the only thing the executor will need to do is file an inventory of property with the court. Otherwise, a dependent executor will have to go back to the court for permission to transfer each piece of property to the heir listed in the will. There will be a great deal of court supervision over a dependent executor and the process will be a great deal more expensive.

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Dallas Texas Law
Michael Wald
5420 LBJ Freeway, Suite 1900, Dallas, Texas 75240
tel: 972-690-9700 fax: 972-788-3368
toll free:1-800-657-2901
attorney@waldlaw.com

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