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13 Lessons I’ve Learned From Texas Probate Forms And Procedures | Texas Probate Forms And Procedures

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A ancestors affiliate accidentally passes abroad and you are the abettor called in the decedent’s Will, at atomic that’s what you bethink from a long-ago chat you had with the decedent.  Problem is that the Will is in a safe drop box endemic by the decedent. What to do?

It’s no abstruse that Wills and added acknowledged abstracts are abounding times stored in a safe drop box.  But how do you admission that box now, afore your arrangement as the abettor of the decedent’s estate? Indeed, you will charge to book the aboriginal of the Will with the appliance filed with the probate court. But you can’t get appointed until you get your easily on the aboriginal of the Will?  Catch -22?  Not hardly as there are procedures accessible in Texas and best states by which you can admission the box afore the arrangement of the claimed adumbrative of the estate.

The Texas Probate Code, Section 36D, allows banking institutions to admittance the afterward individuals to appraise the box for abstracts afterward the afterlife of the buyer of the box:

If the will is begin in the box, the academy or being may bear it to the agent of the court, or the being called as abettor in the Will.

There is addition adjustment of accessing the capacity of the box.  An appliance can be filed with a probate cloister gluttonous an adjustment acceding the assay of the decedent’s safe drop box (Texas Probate Code Section 36B).  Under this provision, about any being may book the application, which charge include:

If you acquisition yourself in this situation, seek admonition from your attorney.  At a minimum, acquaintance the agent of the probate court. Some courts accept a accepted anatomy that can be completed and filed, in some instances, after the abetment of an attorney.

Nothing in this column should be advised acknowledged advice. Let’s face it, affairs are acceptable that we don’t apperceive anniversary other. My aim is simple – to accommodate the clairvoyant with some useful, but general, advice about the topic. You should not await on any advice in this column after some affirmation that the actual is still accepted and applicative at the time it is read. If you appetite a acknowledged assessment that has teeth, argue your claimed advocate about your accurate circumstances. If you don’t accept a advocate and like what you see here, conceivably you should acquaintance my law appointment to actuate if I ability be a acceptable fit for you. To do so, artlessly bang on my name aloft and you will be directed to my website, or you can ability me by blast at (713) 626-2221 (messages larboard during non-business hours will be alternate the aing business day).  When responding, amuse accredit to this Blog No. 45.

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