What Are Texas Probate Laws?


Quick Answer

Texas probate laws include the independent administration of an estate, which allows executors to wrap up an estate's affairs with minimal court supervision, according to Nolo. The small estate law allows people inheriting property of an estate valued at $50,000 or less to prepare an affidavit to collect the property.

Continue Reading
Related Videos

Full Answer

Texas has a law under the probate statute called the "muniment of title process," which is a simple and inexpensive way to transfer the assets of the estate when there's a will, as Nolo explains. This law can be used when the will is valid, there are no unpaid debts attached to the estate and Medicaid has no claim against the estate to recover any benefits received by the deceased person.

When an estate initiates the muniment of title process, the court does not appoint an administrator or an executor. Instead, the person requesting probate is required to file an affidavit with the probate with the court within six months that states the terms of the will have been carried out, according to Nolo.

Executors of estates using the independent administration process are entitled to a commission of 5 percent of all money the estate receives and pays out. Money that was in the estate at the time of death or that is intended for distribution to beneficiaries does not count as part of the 5 percent commission, as Nolo explains.

Learn more about Law

Related Questions