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My father is deceased and I have been name Executor of the

 
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My father is deceased and I have been name Executor of the Will with his assets to be divided evenly to his three children. All his assets are monetary in Savings/checking accounts and CDs (no real estate, stock, etc). What are the necessary steps for me to take in this process? What is a timeframe? We do not communicate to one of the siblings, will that affect the process? Can one child decline their inheritence? My father lived and passed in Texas and do I and the estranged sibling. Any special Texas laws that apply to this?

 

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State/Country relating to question: Texas

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Submitted: 579 days and 4 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED

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Expert:  Daniel Solutions replied579 days and 4 hours ago.

Hello,
Thank you for allowing us to assist you with this problem.

 

One alternative to probate is Muniment of Title. Here, the court will issue an order to administer the estate according to the last will and testament, eliminating the need to file an inventory or provide statutory notice to the public. In addition to distributing assets, this process can be used to transfer title on cars, boats, bank accounts and other possessions. Please note, this option is only available if the estate has no outstanding debts other than liens on property. The process can be as short as a few months based upon the court calendar.

 

Here are the forms you need

 

MUNIMENT OF TITLE DOCUMENTS
Application for Probate of Will as Muniment of Title
Proof of Death and Other Facts - Muniment of Title
Oath of No Debts Against Estate - Muniment of Title
Order Admitting Will to Probate - Muniment of Title
Affidavit Fulfillment of Terms of Will - Muniment of Title

You can obtain the application at the weblink below or any other online legal form website

 

http://www.docstoc.com/docs/10331012/Application-For-Probate-Of-Will-As-Muniment-Of-Title-Application-For-Probate-Of-Will-As-Muniment-Of-Title---Texas

 

 

The other forms you can downloadn from various paid websites and/or from a local legal stationary store in your area. The following link will take you to additional forms that you can download if you have Wordperfect. If not, then you can purchase them from one the locations I mentioned earlier.

 

http://texasprobate.net/forms/index.htm

 

Prior communication is not necessary to distribute the assets.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 99.6 %
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Answered: 11/18/2011

Experience: Practicing Attorney for over 20 years and College Professor for over 10 years

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