ESTATE LAW, LAST WILL &  TESTAMENT

What Is Probate?

Probate is a court-supervised process of authenticating a last will and testament and the property designations therein of the deceased. An executor or an executrix is approved to locate and appraise the value of the person's assets, make arrangements for the payment of remaining debts and taxes, including the payment of funeral expenses, and then distributing the remainder of the estate to beneficiaries set forth in the testator's last will and testament. A will is a legal document that spells out who will inherit a person's property when they die. Specifically, a last will and testament will also address financial accounts, financial interests, debt, and other financial and non-financial items related to the testator's estate. Our business attorneys can advise you on a wide range of legal matters, including will probate and estate administration, including will contests. 

What Is An Executor?

An executor, or executrix, is the legal personal representative or executor approved by the court who is responsible for locating and overseeing all the assets and final debts of the deceased. As a part of administering the estate, the executor (executrix) has to estimate the value of the estate by using the property's value at the date of death or an appraisal, if the real property is real estate or heirlooms. If the estate has sufficient assets, the executor must pay off all taxes and debt owed by the deceased. In the event a party dies without a will, an administrator will be appointed, and the intestate estate will be distributed to the decedent’s heirs  according to state laws. 

What Are The Types Of Probate In Texas?

Most assets that are subject to probate administration come under the probate court's supervision in the place where the decedent lived at death. The exception is real estate. You must probate real estate in the county in which it is located.  There are generally three (3) ways of administering a decedents estate in probate: 

• Dependent Administration: Dependent administration is essentially court supervised administration of a decedents estate.  Effectively, the court must approve an administrator's transfer, sale, or purchase and almost any transaction concerning or touching the decedent's estate.  The court is very "hands-on" in a dependent administration. 

• Independent Administration: Fortunately, the most common type of probate administration in Texas is the independent administration.  The court is generally "hands-off" unless there is a dispute or final approval of the administered state.  Independent administration is significantly less expensive when compared to dependent administration. This type of administration is usually  stated in the will or may arise by the consent of all heirs and beneficiaries. 

• Muniment of Title: The muniment of title in Texas occurs when there is no executor or administrator is appointed to distribute property. The court's own orders transfer title to the intended beneficiaries, especially in transferring title to real property. 

At Wilson Legal Group, our estate lawyers utilize a team-based approach that benefits from having access to multiple attorneys with substantive years of experience in many practice areas. Whatever your estate or trust needs may be, our business attorneys have the talent, resources, and expertise to meet them in an efficient, timely, and cost-effective manner.

What Assets Are a Part Of A Person's Estate?



The Internal Revenue Service (IRS) has defined a person's estate as the fair market value of everything a person owns at the time of your death minus debts. The totality of a person's estate would include but is not limited to the following: bank accounts, stocks and bonds, real estate, business interests and property, personal property, and life insurance policies. Items like cars, jewelry, coin collections, and artwork would be considered personal property for the purposes of a last will and testament; however, the proceeds of life insurance would not be personal property as they can only pass through the beneficiary designated on the insurance policy.