Probate and Estate Administration

Probate without a Will

When a person dies with property titled in his or her name, such as a residence, then the estate may qualify for a probate procedure called an affidavit of heirship.

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Probate with a Valid Texas Will

We will discuss with you the preferable probate procedure for your loved one’s probate estate.
Independent administration. The will names an independent executor and the estate is solvent. We will prepare for you

• Application for Probate of Will and Issuance of Letters of Independent Administration
• Proof of Death and Other Facts
• Oath of Independent Executor
• Inventory, Appraisement and List of Claims
• Order Admitting Will to Probate and Authorizing Letters Testamentary

Dependent administration. The will names an executor, not necessary as an independent administrator, but the probate estate is, or potentially is, insolvent. Usually avoided because of expense and all actions are subject to court approval. Dependent administration is preferred where there are many creditors because dependent administration makes it difficult for them to collect their claims. We will prepare for you

• Application for Probate of Will and Issuance of Letters of Dependent Administration
• Proof of Death and Other Facts
• Oath of Dependent Executor
• Order Admitting Will to Probate and Authorizing Letters Testamentary
• Inventory, Appraisement and List of Claims

Muniment of Title. The Will is admitted to probate as a muniment of title where there is only one debt unsecured by mortgage on real property and there is no need for appointment of a personal administrator. Usually less expensive than independent administration or dependent administration. We will prepare for you

• Application for Probate of Will as Muniment of Title
• Proof of Death and Other Facts
• Order Admitting Will to Probate as a Muniment of Title

Independent Administration with Will Annexed. The Will does not name an executor or it does not name an independent executor. There must be agreement by the beneficiaries named in the will on the administrator to be named by the court. We prepare for you

• Application for Probate of Will and Issuance of Letters of Independent Administration with Will Annexed
• Proof of Death and Other Facts
• Oath of Independent Administrator with Will Annexed
• Order Admitting Will to Probate and Authorizing Letters of Administration
• Inventory, Appraisement and List of Claims

For any will that names a beneficiary, other than the executor or administrator, a section 128A Notice informing the beneficiary of the probate of the will and the beneficiary’s interest under the will must be provided. We will guide you in preparing the required 128A notices and filing the notices with the probate clerk’s office.

We practice primarily in Bexar County, Texas, and generally there is no need for the appointed independent executor, executor or independent administrator with will annexed to personally appear.

We also practice in outlying counties and it may be necessary for the personal representative to personally appear based upon local practice and local rules of the court.