All probate cases are required to be filed by a licensed attorney. Please seek legal counsel for any questions.
I need to file a will for probate, a probate case, or a guardianship. What do I do now?
Contact your attorney. While you may represent yourself in some lawsuits, you may not represent others. Under Texas law, only a licensed attorney may represent the interests of third-party individuals or entities, including guardianship wards and probate estates.
My bank has told me I can come in to the Clerk's office and you will give me Letters of Testamentary or that you can give me an Affidavit of Heirship. Is this correct?
Unfortunately, in order to get Letters of Testamentary, a probate case will need to be established by an attorney. For an Affidavit of Heirship, certain information is necessary in proper formats. While you may represent yourself in some lawsuits, you may not represent others. Under Texas law, only a licensed attorney may represent the interests of third-party individuals or entities, including guardianship wards and probate estates. You can go to www.texaslawhelp.org for more information.
What does the term Testator mean?
TESTATOR is one who has died with a legally valid Will.
What does the term Distributee mean?
DISTRIBUTEE is a beneficiary entitled to payment. An heir, one who obtains personal property from the estate of an intestate decedent.
What is the purpose of a guardianship?
A court may appoint a guardian with full authority over an incapacitated person or may grant a guardian limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the person. If the person is not a minor, the court may not use age as the sole factor in determining whether to appoint a guardian for the person. In creating a guardianship that gives a guardian limited power or authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person.
What is a guardian?
One who has the legal authority and duty to care for another's person or property, because of the other's infancy, incapacity, or disability. A guardian may be appointed either for all purposes or for specific purposes.
What is a Power of Attorney?
A Power of Attorney is a written document by which a person legally delegates to someone else a part or all of his/her authority to make legal decisions on certain matters on a short or long-term basis.
Are there any legal resources available?
The legal assistance website www.texaslawhelp.org may be able to answer some of your questions; however, the only recommendation that can be made by the clerk's office is to consult with an attorney, as we are not able to give legal advice.