LAW OFFICE OF S.M. BUSH 832.237.3600 "PROVIDING EQUAL ACCESS TO LEGAL SERVICES" |
The laws regarding estates in Texas are unique and advanced. Texas has one of the best
probate codes in the country. In Harris county, 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. Law Office of S.M. Bush is there to provide good counsel when dealing with
Texas estate laws.
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.
Muniment of Title
In Texas there is a unique alternative to probate known as a “muniment of title.” It is used
whenever a person dies owning only real estate in Texas. This process essentially treats the
will as a deed (a muniment) transferring the ownership of the property (title) to the person
set out in the will. This works well when there is no controversy as to the persons set out in
the will.
For example, if the deceased died after several marriages or with illegitimate children, and
the will leaves the property to the children, it would not be clear who the deceased’s
children were. A muniment of title might not be the best approach. If the will leaves
the property to “my spouse” and names that person, it is pretty clear.
Using this process is generally a simpler and less costly way of transferring title after death.
If you are dealing with out of state attorneys or financial institutions, it is likely, however,
that they will not know about this procedure unique to Texas.
probate codes in the country. In Harris county, 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. Law Office of S.M. Bush is there to provide good counsel when dealing with
Texas estate laws.
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.
Muniment of Title
In Texas there is a unique alternative to probate known as a “muniment of title.” It is used
whenever a person dies owning only real estate in Texas. This process essentially treats the
will as a deed (a muniment) transferring the ownership of the property (title) to the person
set out in the will. This works well when there is no controversy as to the persons set out in
the will.
For example, if the deceased died after several marriages or with illegitimate children, and
the will leaves the property to the children, it would not be clear who the deceased’s
children were. A muniment of title might not be the best approach. If the will leaves
the property to “my spouse” and names that person, it is pretty clear.
Using this process is generally a simpler and less costly way of transferring title after death.
If you are dealing with out of state attorneys or financial institutions, it is likely, however,
that they will not know about this procedure unique to Texas.
| OFFICE INFO: 832. 237.3600 (PHONE) 832.237.3619 (FAX) 9:30 - 4:30 P.M., M-T 9:00-1:00 Friday WEEKEND & AFTER HOURS APPOINTMENTS ARE AVAILABLE (OFFICE HOURS) 9601 JONES ROAD, SUITE 222 HOUSTON, TEXAS 77065 (MAIN OFFICE) |
| 9601 JONES ROAD, SUITE 222, HOUSTON, TEXAS 77065 (PRINCIPAL OFFICE) 723 MAIN STREET, SUITE 423, HOUSTON, TEXAS 77002 (DOWNTOWN OFFICE) 832.237.3600 (PHONE) • 832.237.3619 (FAX) • INFO@LAWOFFICEOFSMBUSH.COM (EMAIL) |
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| PROBATE LAW |
