Texas Probate Blog

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The Copp Law Firm, PC, Lawyers - Business Law/Corporation/Partnership, Dallas, TX

Frequently Asked Questions

What does Probate mean?

The Texas Court procedure by which a will is proved to be valid or invalid; though in current usage this term has been expanded to generally refer to the legal process wherein the estate of a decedent is administered. Generally, the Texas probate process involves collecting a decedent's assets, liquidating liabilities, paying necessary taxes, and distributing property to heirs. These activities are carried out by the executor or administrator of the estate, usually under the supervision of the probate court or other court of appropriate jurisdiction and in most cases with the guidance of a probate lawyer.

What is a Muniment of Title?

A muniment of title is simply documented evidence of ownership. In certain instances, it is desirable to probate a will as a muniment of title. When a will is probated as a muniment of title, no executor or administrator is appointed, instead, the court can admit the will to probate as a muniment of title or record of title. This procedure us especially useful when there is no need for administration upon the estate. Use this link to read more on probating a will a a muniment of title.

What is the role of an Executor?

An executor has specific responsibilities to fulfill in the course of administering the decedent's estate. Before accepting the responsibility of becoming an executor, you should fully understand the responsibilities of an executor. Failure to fulfill those obligations may subject the executor to liability. Proper advice regarding these responsibilities is essential when serving as the executor.