When a loved one dies in Texas, handling estate complexities can be an arduous task. Probate issues are part of that. Since a will does not go into effect until it has gone through probate, this is not to be ignored. Once the will has been admitted into probate, it will go into effect. Knowing important factors in probate, such as who can apply for probate and what information must be provided for the probate to move forward, are foundational and should be understood from the start.
The following can apply for an order to admit a will to probate: an executor who is named; an independent administrator who was designated by those named as receiving property from the decedent; or an interested person. This is true whether the will is written or not; is in the possession of the applicant or not; has been lost; has been destroyed; or is outside Texas.
It is also important to provide relevant information when applying for probate. That includes: the applicant’s name and where he or she resides; the last three digits of the driver’s license or Social Security number; the name of the testator, where he or she lived and the age at the time of death; the location, date and fact that the testator has died; facts indicating that the application has been filed in the correct venue; and showing that the testator was an owner of property and a statement describing that property and its likely value.
It is also crucial to provide: the date the will was executed; the information of the executor; if there were witnesses to the will and their identity; if there were children born to or adopted by the testator after the will was executed and their names; if there was a dissolution of marriage after the testator made the will; if the will names state, government or charitable organizations; and that the executor, applicant to be executor or anyone else who the applicant wants to get letters was not disqualified by law from getting them.
With probate, the executor is a vital part of the process. In some cases, there is an application from an individual to handle probate. For the person who is preparing an estate plan and the executor or anyone else who is taking part in probate, understanding of how the law oversees estate administration is key.
Source: statutes.legis.state.tx.us, “Chapter 256. Probate of Wills Generally — Sec. 256.051.; Sec. 256.052.,” accessed on April 10, 2018