Our probate attorneys in Rockwall can help you with a 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.
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. Our experienced team of wills and estates lawyers in Rockwall can help you put together a small estate affidavit.
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.
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. Contact our probate attorneys in Rockwall for more information on family settlement agreements.
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. Are you an executor? Get in touch with our team of wills and estates lawyers in Rockwall, and we’ll answer all your questions.
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. Have more questions? Call Atrium Legal Group. Our probate attorneys in Rockwall are ready to assist you.