Joint Accounts And Probate
The Executor or Administrator of an estate in the Harris County Probate Court is responsible for administering the probate estate of the deceased. Sometimes disputes arise concerning exactly what property is included or not included in the probate estate. One common source of confusion is joint accounts held at local banks or other financial institutions.
The case of Nipp v. Broumley shows how in certain circumstances a joint account is included and administered in the probate estate even after the other person
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The List of Claims
The List of Claims is a document that must be attached with the probate Inventory when it is filed with the Harris County Probate Court. The List of Claims is used to document amounts due or owed to the Estate and must include:
(a) The name of each person indebted to the estate and his address if known.
(b) The nature of such debt, whether by note, bill, bond, or other written obligation, or by account or verbal contract.
(c) The date of such indebtedness, and the date when the same was or will be due.
(d) The amount of each claim, the rate of interest thereon, and time for which the same bears interest.
(e) In the case of decedent’s estate, which of such claims are separate property and which are of the community.
(f) What portion of the claims, if any, is held in common with others, giving the names and the relationships, if any, of other part owners, and the interest of the estate therein.
The Harris County Probate Court may refuse to accept a proposed Inventory if you forget to attach the List of Claims or if the documents are not properly prepared. A Houston Probate Attorney can help you fulfill your obligations and get through the Houston Probate process quickly.
Who Can Apply for Probate Administration
Section 76 of the Texas Probate Code establishes the rules for exactly who can apply for Probate Administration of an Estate. In order to apply for probate administration of an estate, the applicant must meet the criteria specified in the statute.
The person making the application can be the Executor named in the will. If you are not the Executor named in the will, then you must be an “interested party” with respect to the estate in order to make a proper application for probate administration with the Harris County Probate Court.
In addition to meeting the personal criteria, the estate itself must be within the jurisdiction of the Harris County Probate Court. In the great majority of cases, this criteria is met by reason of the deceased residing in Harris County at the time of death.
Any person who meets these criteria is permitted by Section 76 to apply to the Harris County Probate Court for any one of the following orders:
- An order admitting the will to probate;
- An order for the appointment of the Executor named in the will; or
- An order for the appointment of an Administrator, if no executor is designated in the will, or if the person so named is disqualified, or refuses to serve, or is dead, or resigns, or if there is no will.
A Houston Probate Lawyer can represent you through the Harris County Probate process to complete the administration as quickly as possible.