Texas Probate and Will Challenges: Competence and Undue Influence

Probate is the process in which courts supervise the distribution of a deceased’s assets regardless of whether that person left a Will. Unfortunately, that process doesn’t always run smoothly’ especially when someone challenges the deceased’s competence or alleges that he or she was unduly influenced by another.

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Texas Probate Law: How Much Do You Know?

How much do you know about probate law in Texas? If your answer is’not much’, you have nothing to be ashamed of because probate’ especially in Texas’ can be a very confusing area of the law. In fact, many attorneys focus their practices in this area alone.

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Texas Probate Procedures

The probate eligibility of Texas estates is determined in part based on whether a will exists that lays out the decedent’s wishes for his or her property and assets. Estates without a will that are worth less than $50,000 can qualify for a small estate affidavit through the Texas probate courts.

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Texas Probate Procedures: How Soon Must You File?

The statute of limitations for filing probate in Texas is four years from the date of death. If you don’t probate the Will or if you don’t seek to submit the Will into probate within four years, then whatever benefit the Will may have created for you is lost. In other words, it’s as if you had no Will.

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Texas Probate: The Basics

Death can take more than an emotional toll: for the family and heirs of a decedent, claiming the property of the estate can seem complex and daunting.

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What is the Texas probate system like?

When a person dies and leaves property that has not been transferred to another person by way of a trust, a right of survivorship, or a gift (say, through a will), the property will be distributed through the process of probate. The role of the Texas probate court and all persons hired by the court to facilitate this process is known as probate administration.

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Texas Probate: Going It Alone Is Like Performing Surgery on Yourself

How successful could a layperson be trying to go through the probate process without an experienced attorney? R. David Weaver, a Texas attorney with over 25 years experience whose practice offers a wide range of legal services including estate planning and probate, summed it best when he told us that going into probate court, or any other court for that matter, is like performing surgery on yourself.

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