Probate FAQ

Proudly Serving Smith County & Surrounding Areas

Do You Have Questions About Probate?

Knowledgeable Tyler & Mineola Probate Attorney Serving Smith County & Surrounding Areas

At Campbell Law Firm, our probate attorney understands how complex and overwhelming probate issues can be. Our firm understands how to effectively translate your needs into the estate plan that works for you—from wills to trusts and powers of attorney.

What follows are some frequently asked questions regarding probate. For other concerns, do not hesitate to reach out to our firm. We can help with cases in Mineola, Tyler, Smith County and the surrounding areas.

Call us at (903) 345-0031 to set up an appointment and speak to us about your needs.

What is Probate?

Probate is the process of disbursing a person’s estate once they pass away. Probate is intended to be an organized means of transferring real estate and personal property.

The process of probate can be used whether the deceased has a valid will or not. When no will is present, probate will require more court intervention to divide the estate.

What are “Letters Testamentary?”

These are legal documents issued by the court once a will has been presented for probate. These will name a person the “executor” and invest them with the power to administer the estate.

The executor will assume the position of the person who died and has the authority to:

  • Manage their bank and other financial accounts

  • Transfer the title to real and personal property

  • Deal with creditors

What is a will?

A will is a legal document whereby a person officially transfers their property at their death. A will needs to meet all the requirements of the Texas Estates Code to be valid and has no effect until admitted to probate by the court.

What happens if I do not have a valid will when I die?

This is known as dying intestate. It means Texas statutes will determine how your property should be divided, rather than you or your surviving family.

What does an “estate” consist of?

Your estate is all your assets and property such as your real estate, bank accounts, stocks and other securities, life insurance policies and personal items such as automobiles, jewelry, and artwork. The value of these assets is whatever their fair market value is minus your debts.

What is a Muniment of Title?

This is a procedure unique to Texas whereby a will is probated for the purpose of transferring the title of real property. The will is filed through a probate proceeding in order to transfer the ownership of real estate in Texas to the beneficiaries in the will without a deed or full probate.

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