If the deceased, known as the deceased, dies with a draft will, the executor or personal representative in the will generally must request legalization. In Texas, state and local court rules govern the various periods that an executor must follow to prove a will. Sometimes a will names an alternative executor. If the first named executor dies before the maker of the will, then the alternate executor can assume the role of executor.
When applying for succession, the alternate will need to prove to the court that the executor named in the first place has died. An important part of making a will is appointing someone to act as your executor, also called a personal representative in some states. What is an executor? The executor is the person who will be in charge of your estate after your death. The executor will pool your assets and keep them safe, pay debts and taxes, and distribute your assets according to the terms of your will.
If you name an executor in your will and you die first, your executor can file your will for legalization and fulfill your responsibilities to manage your estate in accordance with the terms of your will. The Texas Probate Code allows the payment of a family allowance sufficient for the maintenance of the deceased's surviving spouse, minor children, and incapacitated adult children for one year from the date of the decedent's death. If the executor who died did not leave a will, the beneficiary or beneficiaries who receive the largest sum of the estate are likely to have the right to negotiate with the estate. As a result, if someone's executor dies before him, there may be several co-executors or a successor executor.
Sometimes, for smaller estates or if the assets are mostly jointly owned with a surviving spouse, asset holders may agree to release the payment without the need for an estate grant. To determine the heirs to an estate, you must first determine whether the deceased's property is separate or community property; whether the deceased person was married or not; if the deceased person had children; and, if so, whether those children were also children of the deceased person's spouse. If an executor named in the will dies before the deceased and before the Court has issued the grant of succession, what happens next depends on what the will says. If the executor died before the deceased, before the grant of succession was issued, or after the grant of succession was issued, you will need to determine who now has authority to administer the estate.
By appointing co-executors, you can order all executors to be responsible for all of their fiduciary duties under the will or you can designate certain powers of attorney to certain beneficiaries as you see fit. Only the court can issue the document (commonly called letters of administration or simply letters) that gives someone authority over the assets of a deceased person's estate. To obtain a grant of probate, the Supreme Court must receive information about the assets and liabilities of the estate, the deceased person, the witnesses to the will, the executors and the will itself. Today, the probate attorneys at Davidson Law Group will discuss the events that occur after the death of an executor and how Texas law handles these situations.