Probate Shortcuts

Texas law provides several alternatives to traditional probate of an estate. When available, these methods save both time and money. They include: an affidavit of heirship, probating a will as a muniment of title, a small estates affidavit, and a determination of heirship with an order of no administration. Additionally, certain procedures are available in the instances where heirs cannot be identified or a surviving spouse is interested in administering community property. When contemplating any Probate related legal course of action, you need a lawyer that understands Texas law and El Paso courts. El Paso attorney Matt Watson understands that saving time and money while not sacrificing quality service are a high priority in an estate administration and is eager to help. Call today to schedule an appointment.

Affidavit of heirship

This family history document describes the decedent, that person's heirs, and is sworn to by someone who is not related but can verify the facts provided. Title companies will generally allow an affidavit of heirship to pass title to real property when affidavits from three separate persons are filed in county property records. This probate alternative is extremely helpful for the surviving spouse when the marriage home was under both person's names.

Small estates affidavit

This document is also a family history document that describes the decedent and that person's heirs. A Small Estate Affidavit requires two disinterested persons as well as signatures from all of the heirs for the estate. The probate estate, except for the family home and non-exempt property, should not total more than $50,000.00. One should note that a Small Estate Affidavit is a court document that, unlike the Affidavit of Heirship, is required to be filed with and reviewed by the local probate court. Additionally, a Small Estate Affidavit can be used as court authorization to give and receive estate property.

Proceeding to declare heirship

This proceeding is sometimes used when neither a Small Estate Affidavit nor Affidavit of Heirship will work. It is a court proceeding to formally declare the identity of heirs. It requires the appointment of a separate attorney be appointed to represent possible unknown heirs. Two disinterested persons will also need to attend a court hearing and testify as to the identity of the decedent. The unknown costs of a court appointed attorney to represent unknown heirs make the costs of this proceeding more difficult to determine.

Muniment of title

This proceeding is actually a probate proceeding available when a will is present. However, instead of appointing an executor to administer the estate, the will is located and is probated as a muniment of title. This allows transfer of the property identified in the will. No debts against the estate may remain at the time the will is probated.

Application for order of no administration

This proceeding is available when the decedent is survived by a spouse or minor child and the value of the estate (not including the family home and exempt Texas homestead property) does not exceed a court provided for family allowance after also deducting the expenses of the last illness, funeral charges, and legal and court costs. The family allowance is determined by the judge and is based on need for support of the surviving spouse and/or minor children for one year following the decedent's death.

Community Administration

Texas law provides that when a spouse dies without a will and all children are born of the marriage, the community property (most property acquired during marriage) passes to the surviving spouse. Further, such spouse can present an affidavit to that effect and pick up a last paycheck, sue to recover community property, and sell or mortgage community property to pay community claims. However, title will still need to be transferred by another probate procedure.

When one or more children are not also the surviving spouse's, the surviving spouse may request court authorization to administer the community assets as a qualified community administration. However, such proceeding is seldom used for various reasons.

Inquiries