Texas estate administration is when the decedent’s assets are collected, their debts settled, and their assets distributed to their heirs (if no wills) or beneficiaries (if there’s a will). Regardless whether someone had a will or not, the estate will need to be administrated, no matter their size. A professional Texas lawyer has experience with these cases and can help the process to be as stress-free as possible.
What are the laws associated with the administration of estate in Texas?
If the person had a will, the person who handles the estate is known as an executor, if they didn’t, they are known as the administration. Texas estate administration laws require this process to be completed this way:
- The executor/administrator must collect all assets
- The executor/administrator must pay/settle claims against the estate
- The executor/administrator must pay all taxes with these assets
- The executor/administrator must distribute the estate to the appropriate parties
Please note that if the decedent died intestate, the executor/administrator must petition the court to determine their heirs.
If the deceased had a will, it needs to be probated by the court, meaning the validity of the will is determined. This should happen within four years from the date of the decedent’s death. A will must follow these requirements:
- Must be signed by another person at his or her direction
- The will must be witnessed by two witnesses over the age of 14 that aren’t included in the will.
The way that assets are distributed depends on whether the decedent was married or not. For individuals who died without a will and have less than $50,000 in property, a small estate affidavit may be used in lieu of probate.
If you or a loved one need help with settling an estate in Arlington from a Texas lawyer, call 817-261-5000 today for professional legal help.