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Texas Estate Laws
The laws regarding estates in Texas are unique and advanced. Texas has one of the best probate codes in the country. In Dallas and Collin counties, the judges that handle probates do so on a full-time basis; therefore, they are able to handle these matters with a great deal of expertise and more expeditiously. This assumes, of course, that the deceased is represented by good legal counsel. Michael Wald is there to provide good counsel when dealing with Texas estate laws. He has been doing so for over ten years.
| When someone passes, his or her property must be distributed through probate. The process is generally overseen by an executor, if there is a will, or by a court (and a court appointed personal representative) if there is no will. An executor is the person designated to administer the estate - this person is also known as the personal representative. Most jurisdictions require that the executor post a bond to protect the assets of the estate, except if waived by a will. |
Probate involves identifying and inventorying the deceased person's property, accounting and appraising the property, and then paying taxes and creditors with the deceased's assets.
If there is a will, the assets are distributed according to the instructions of the will. If not, then state law determines who gets what and how much.
Having a will, alone, does not mean probate is unnecessary. Although a will might make the process simpler, probate is still required for assets in the deceased's name alone.
In general, property which the deceased owned individually has to pass through probate for ownership to pass to his or her heirs. Jointly owned property and the proceeds of life insurance, retirement accounts, and annuities pass to the surviving joint owner or the named beneficiaries without the necessity of probate.
 Michael H. Wald, 2006 Director
National Association of Estate Planners & Councils
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