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?
State/Country relating to question: Texas
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
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.
Prior communication is not necessary to distribute the assets.
Practicing Attorney for over 20 years and College Professor for over 10 years
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