When a person dies and leaves property that has not been transferred to another person through a trust, condominium with rights of survivorship, or direct payments to beneficiaries (such as insurance policies or retirement accounts), properties in Texas will be distributed by inheritance.
Estate is the process by which a court legally recognizes the death of a person and controls the payment of a deceased person’s debts and the distribution of their property. The role of the court is to facilitate this process and to protect, where appropriate, the interests of all creditors and beneficiaries of the estate. The role of the Texas Estates Court and all those hired by the court to facilitate this process is known as estates administration. This is handled by wills estates probate lawyers.
If the deceased, known as the deceased, dies with an established will, the executor or the personal representative in the will must generally seek approval. In Texas, state and local court rules govern the different time periods that an executor must meet when testing a will.
Regardless of the size of the estate, or whether or not they’ve made a plan, decisions need to be made about what to do with what’s left. Many people choose to hire a wealth planning lawyer to make a plan of what happens to their assets after death (or other disabling conditions). If you are in San Antonio then the most trustworthy and reliable option is probate attorneys in San Antonio.
Under Texas law, a plaintiff must prove to the satisfaction of the court that:
- The testator is deceased
- Four years have not elapsed since the date of the testator’s death and before the request
- The court is competent and competent in matters of inheritance
- The convocation was notified and returned in the forms and for the period provided for in this title
- The person for whom testamentary or administrative letters are requested is entitled by law to letters and is not prohibited
- If the county probate judge accepts your testimony and evidence, the court will order your probate admission.
How long do I have to make a will?
In most cases, you have 4 years from the date of death of the deceased to submit an estate will. There is a limited exception for a specific type of probate, known as Title Muniment, where a person can ask the judge to recognize them as the beneficiary of the property listed in the estate. This is a streamlined process that allows you to transfer title deeds to the applicant.
If a will is not verified within 4 years, the deceased’s inheritance will be treated as if they had died without a will. There are specific Texas laws governing heirs who are entitled to the assets of the estate when a person dies in the name. To satisfy the wishes of the deceased and ensure that his estate is distributed as he sees fit.
Does a will have to be verified?
Approval is generally required for goods that have a title or deed. If the deceased owned real estate or other assets that did not name beneficiaries, the will should be tested to transfer title to the beneficiaries as stated in the will. Certain types of assets can be configured so that ownership automatically passes to designated beneficiaries, without probate. All this process can be more deeply given by San Antonio Estate Planning Attorneys.
Some other assets of a property do not need to be audited. This includes life insurance policies, retirement plans, and retirement accounts that name beneficiaries.
If the deceased did not leave a will or if more than 4 years have passed since the death, the inheritance can be divided according to the rules of legitimate inheritance, as if the deceased did not have a will. In addition, until the inheritance is distributed by lawful succession, the name of the deceased will remain in the title or deed of certain property. This makes it impossible to sell or transfer ownership of this property.