Probate

From the simple estate to the complex, Atrium Legal Group knows how to get through each Counties process as quickly as possible.

Probate

Muniment of Title

A muniment of title is a type of Probate used to transfer estate property to the beneficiaries named in the decedent’s will without the need for full estate administration. To do this type of Probate there is still the requirement of having a valid, written Will. Additionally, the decedent must not have owed any debts, other than a mortgage on their house, at the time of their death to use this type of Probate.

Small Estate Affidavit

This type of Probate is used when a decedent (the person who died) assets total $75,000 or less and died without a Will. In order to file a Small Estate Affidavit, you must be a person entitled to the decedent’s property, 30 days must have passed since the decedent died, and there cannot be any other probate proceeding pending on behalf of the decedent’s estate. The Affidavit must be approved by the Probate Court in the county in which the decedent lived at the time of death before it is valid.

Heirship Determination

The Determination of Heirship procedure is a court procedure that declares the identities of the decedent’s heirs and, if desired, allows an administrator to be appointed to administer the estate. The Determination of the Heirship procedure is one of the most expensive procedures available to the decedent’s heirs.

Family Settlement Agreements

Texas recognizes what are called “family settlement agreements.”  A family settlement agreement will be enforced by a court and is most often used when a Will is poorly written, there is potential for an expensive Will Contest, or when an estate is small and consists only of personal property. A family settlement agreement is an alternative method of administration in Texas that is a favorite of the law.

Independent Administration Probate

Independent administration of an estate occurs when the decedent states clearly, in their Last Will and Testament, that their Executor shall serve without court supervision, or if all beneficiaries agree to allow the Executor to serve without Court supervision. Independent administrations usually involve only one court hearing and the filing of an inventory.

Dependent Administration Probate

Dependent Administration involves court supervision of every aspect of settling an Estate. It is more time consuming and more expensive as a result. It also requires the Court appointed Executor to pay for a Bond to ensure he/she follows the Court’s directives and manages assets properly.