Administering an estate in Texas without a will can be complicated. Depending on the details of the situation, there may be ways to streamline the process. It’s wise to have an experienced El Paso probate attorney on your side to help you navigate the intricacies of estate administration and ensure a fair outcome.
How to Administer an Estate With No Will, With Help From an El Paso Probate Attorney
Use a Small Estate Affidavit
Under certain circumstances, an estate can be administered through the use of a small estate affidavit. It provides a faster way to administer the estate because the probate court isn’t heavily involved. A small estate affidavit can be used when there’s no will, there’s no real estate involved, and the total value of the estate is under $75,000.
If real estate is involved, but ownership of the property transfers automatically to a spouse or minor children upon the decedent’s death, a small estate affidavit could still potentially be used if the estate meets the other criteria.
File an Affidavit of Heirship
An estate can be administered outside of probate court through an affidavit of heirship. It’s a sworn statement by someone with knowledge of the surviving heirs and the property owned by the decedent. The scope of the affidavit of heirship is often limited to estates that consist of only real estate titled solely in the name of the decedent.
The affidavit must be filed with the clerk of the county where the deceased owned property or resided at the time of death. The document must be notarized and signed by two disinterested parties with no financial interest in the estate. In some cases, the affidavit may be challenged if other heirs or creditors come forward to claim an interest in the property.
Pursue Independent Administration
When there’s no will and neither the small estate affidavit nor affidavit of heirship are applicable, an estate can go through a process in probate court called independent administration. It involves a formal Determination of Heirship in probate court to identify heirs entitled to inherit the decedent’s property and the portion they’re entitled to receive.
The Determination of Heirship proceeding is guided by Texas intestate succession laws, with an attorney to represent any unknown heirs. During the proceeding, two disinterested witnesses who knew the deceased and family must swear that the family history has been fully and truthfully disclosed.
Pursue Dependent Administration
An estate with no will can be administered in Texas through a lengthy process known as dependent administration. The process shares many requirements with independent administration, though an experienced administrator must be involved. The administrator must appear before the probate court in person to gain approval before taking any action regarding the estate.
Because dependent administration is so closely managed by the court, the timeline for completion is long. It’s typically only used to administer an estate in which there is no will and the heirs don’t agree on who should administer the estate.
Administration of an estate with no will is often complicated, and it’s helpful to have an experienced attorney on your side to help you understand the process. To speak with a dedicated probate lawyer, contact the Law Office of Albert Nabhan, PLLC in El Paso, TX, today.
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