An Appellate Court recently ruled that an order concerning an Accounting is not appealable, whatever the trial court rules goes. This is for two reasons: (1) no statute declares such an order to be final and (2) the order is not part of any proceeding other than the overall independent administration of a probate estate. Get it right the first time. Speak with a Harris County Probate Attorney if you need help with a probate matter today.

(a) On the intestate death of one of the spouses, the community property estate of the deceased spouse passes to the surviving spouse if:

(1) no child or other descendant of the deceased spouse survives the deceased spouse; or

(2) all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.

(b) On the intestate death of one of the spouses to a marriage, if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the children or descendants of the deceased spouse. The descendants shall inherit only such portion of said property to which they would be entitled under Section 43 of this code. In every case, the community estate passes charged with the debts against it.

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Contact a Harris County Probate Attorney if you need help with an estate in the Harris County Probate Court.

Claims in a Harris County Probate estate are paid in the following order:

(1) Funeral expenses and expenses of last sickness, in an amount not to exceed Fifteen Thousand Dollars.

(2) Allowances made to the surviving spouse and children, or to either.

(3) Expenses of administration and the expenses incurred in the preservation, safekeeping, and management of the estate.

(4) Other claims against the estate in the order of their classification.

An Independent Executor can pay claims without needing to obtain the court’s approval. However, in acting without the Harris County Probate Court’s approval an Independent Executor acts at their own peril if a mistake or oversight is made. Your Houston Probate Attorney can help you make sure claims against the estate are paid properly. Anyone other than an Independent Executor can obtain the court’s approval for the order of payment for claims.

Speak with a Houston Probate Attorney today if you need assistance with a probate matter in Harris County.

1. That the person is dead, and that less than four years have elapsed since the person’s death and prior to the application for Muniment of Title; and
2. That the Harris County Probate Court has jurisdiction and venue over the estate; and
3. That citation has been served and returned in the manner and for the length of time required by law; and
4. That there are no unpaid debts owing by the estate of the testator, excluding debts secured by liens on real estate.

In addition, you must prove that the Will is valid and that it was not revoked by the deceased.

If you fail to prove these requirements, the Harris County Probate Court will likely deny your application for Muniment of Title.

Speak with the Houston Probate Lawyer today to complete your Muniment of Title procedure quickly.

In order to qualify for the Muniment of Title procedure in the Harris County Probate Court you must provide the court with the following:

1. The name and domicile of the person applying for the Muniment of Title;
2. The name, age if known, and domicile of the decedent, and the fact, time, and place of death.
3. Facts showing that the Harris County Probate Court has venue.
4. That the decedent owned real or personal property, or both, describing the property generally, and stating its probable value.
5. The date of the will, the name and residence of the executor named in the will, if any, and the names and residences of the subscribing witnesses, if any.
6. Whether a child or children born or adopted after the making of such will survived the decedent, and the name of each such survivor, if any.
7. That there are no unpaid debts owing by the estate of the deceased, excluding debts secured by liens on real estate.
8. Whether the decedent was ever divorced, and if so, when and from whom.
9. Whether the state, a governmental agency of the state, or a charitable organization is named by the will as a devisee.

The Muniment of Title procedure is not available for everyone. Speak with a Harris County Probate Attorney today to represent you through the Muniment of Title process.