Duties of the Estate Administrator consist of:
1. collection of the assets
2. payment of debts and claims against the estate
3. payment of estate taxes
4. determination of heirs if the decedent died without a will; and
5. distribution of the remainder of the estate to those entitled to it

Married couple’s assets that are held as community property avoid probate and are passed to the surviving spouse.

Other assets that can avoid probate are ones that are passed-by-contract or are held in trust. Non-probate property that gets passed-by-contract include assets such as IRAs and life insurance proceeds. Trust assets are transferred under the terms of the trust.

Your Texas Will and Probate work together to ensure that your assets are administered according to Texas Probate Code.

More information can be found here regarding Texas Wills.

Will: A legal document that dictates the rights and distribution of the person’s (the testator) property or family after death. A Will is also known as a Last Will and Testament.

Testator: The person making the Will

Estate: All of the real and personal property owned by the person at the time of death.

Real Property: Land and improvements located on the land, oil, gas and mineral rights.

Personal Property: All property other than real property including cash and bank accounts, household furnishing, motor vehicles, stocks and bonds, life insurance policies and government, retirement or employee benefits.

Probate: The legal process of settling the estate of a deceased person.

Bequest: A gift in the form of personal property.

Executor: The person that is designated to administer the estate according to the whished outlined in the will. An executor is also known as a personal representative.

Legal Guardian: The person that has the legal authority and responsibilities to care for minor children after the death of parents.

Codicil: An amendment to a will

Intestate: A person that has NOT created a will prior to death is said to be intestate.

Testate: A person that HAS created a will prior to death is testate.

Living Will: A legal document that expresses the wishes regarding medical decisions to be executed when the author is incapacitated and unable to act on their own behalf.

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