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Understanding the precise forms, their purpose, and how to correctly complete them is crucial for a smooth and efficient probate process. This guide serves as an authoritative resource, providing a detailed walkthrough of each essential document.
Texas Probate Inventory: Appraisement & List of Claims
One of the most critical documents in Texas probate is the Inventory, Appraisement, and List of Claims (often referred to simply as the “Inventory”). This document provides a complete and accurate accounting of the deceased person’s (the “decedent’s”) assets and liabilities at the time of death. This is the document that when approved, completes the probate process.
How to Complete These Forms
Form and Format
While Texas doesn’t have a single, mandatory statewide form for the Inventory, most counties provide a template that can be used. Check with the specific county court where the probate is being administered. The form generally requires a detailed listing, broken down into categories.
Inventory, Appraisement, and List of Claims: Asset & Liability Details
| Category | Subcategory | Description | Example/Details | Appraised Value |
| Assets | Real Property | Full legal description of land and buildings, street address. Distinguish between separate and community property. | 123 Main St., Anytown, TX; Lot 4, Block B, Sunny Acres Subdivision. Deed records. | Fair Market Value (Appraisal may be required) |
| Personal Property | ||||
| – Bank Accounts | Bank name, account number, and balance at the date of death for each account. | Bank of America, Account #123456789, Balance: $5,000.00 | Balance at Death | |
| – Investment Accounts | Brokerage accounts, stocks, bonds, mutual funds, etc. Type of investment, number of shares, and value at date of death. | Fidelity Brokerage, Account #987654321; 100 shares of Apple (AAPL), Value: $17,000.00 | Market Value at Death | |
| – Vehicles | Year, make, model, VIN, and value. | 2018 Ford F-150, VIN: 1FTFW1E… , Value: $25,000 | Market Value (e.g., Kelley Blue Book) | |
| – Household Goods & Personal Effects | General description and estimated value. Individual listings and appraisals for high-value items (antiques, artwork, etc.). | Furniture, appliances, clothing – Estimated Value: $5,000; Antique clock (appraised) – $10,000 | Estimated Value / Appraisal | |
| – Life Insurance (Estate Beneficiary) | Policy details only if the estate is the beneficiary. | N/A (If a named beneficiary exists, this typically bypasses probate) | Policy Value (if applicable) | |
| – Retirement Accounts (Estate Beneficiary) | Details of IRAs, 401(k)s, etc., only if the estate is the beneficiary. | N/A (If a named beneficiary exists, this typically bypasses probate) | Account Value (if applicable) | |
| – Business Interests | Nature of business, decedent’s ownership interest, and estimated value (sole proprietorship, partnership, closely-held corporation). | 50% ownership in “Anytown Bakery, LLC,” Estimated Value: $50,000 | Business Valuation (may require professional appraisal) | |
| Liabilities (Debts) | – Mortgages | Lender’s name, loan number, outstanding balance. | ABC Mortgage, Loan #11223344, Balance: $150,000 | Outstanding Balance |
| – Credit Card Debt | Card issuer, account number, outstanding balance. | Visa, Account #4444555566667777, Balance: $2,000 | Outstanding Balance | |
| – Medical Bills | Description of services, provider, outstanding balance. | Anytown Hospital, Medical bills for treatment in January, Balance: $1,000 | Outstanding Balance | |
| – Loans | Type of loan (personal, car, etc.), lender, loan number, outstanding balance. | Anytown Bank, Car Loan #77889900, Balance: $10,000 | Outstanding Balance | |
| – Taxes | Type of tax (property, income, etc.), taxing authority, amount due. | Anytown County, Property Taxes for 2023, Amount Due: $3,000 | Amount Due | |
| List of Claims | Claimant’s name, nature of claim, amount claimed. This is for claims presented against the estate. | John Doe, Claim for unpaid services, Amount Claimed: $500 | Amount Claimed | |
| Verification | The executor/administrator must sign the Inventory under oath | Signature of the Executor/Administrator, printed name, date | N/A |
Special Considerations
- Affidavit in Lieu of Inventory: In some cases, if all the beneficiaries agree and the estate meets certain criteria, an Affidavit in Lieu of Inventory may be filed. This simplifies the process, but it’s crucial to ensure all requirements are met. This is typically used when all debts are paid, and all beneficiaries agree on the distribution of assets.
- Amended Inventory: If additional assets or debts are discovered after the initial Inventory is filed, an Amended Inventory must be filed with the court.
- 90-Day Deadline: The Inventory (or Affidavit in Lieu of Inventory) must be filed with the court within 90 days of the executor/administrator’s appointment, unless an extension is granted.
What Paperwork Completes a Probate in Texas: Notice to Beneficiaries
Texas law requires that beneficiaries of a will be notified of the probate proceedings. This ensures transparency and allows beneficiaries to protect their interests.
How to Complete It
- Form and Content: The notice typically includes:
- The name of the decedent.
- The date of death.
- The court where the probate is pending.
- The name and contact information of the executor/administrator.
- A statement that the will has been admitted to probate.
- A copy of the will (usually).
- Delivery: The notice must be served on each beneficiary in a legally acceptable manner, typically by certified mail, return receipt requested, or by personal service.
- Proof of Service: The executor/administrator must file proof of service with the court, demonstrating that each beneficiary received the required notice. This is often done through an affidavit of service.
- Waiver of Notice: A beneficiary can waive their right to notice, but this must be done in writing and filed with the court.
What Paperwork Completes a Probate in Texas: Notice to Creditors
Creditors of the decedent must also be notified of the probate proceedings. This allows them to file claims against the estate for any debts owed.
How to Complete It
- Published Notice: A general notice to creditors must be published in a newspaper of general circulation in the county where the probate is pending. This notice typically includes the decedent’s name, the date of death, the name and address of the executor/administrator, and instructions on how to file a claim.
- Permissive Notice to Secured Creditors: The executor/administrator may send a specific notice to known secured creditors (e.g., mortgage lenders). This notice provides additional details and sets a deadline for the creditor to present their claim. While not mandatory, this is often a good practice.
- Notice to Unsecured Creditors (if sent): If the executor/administrator chooses to send notice to unsecured creditors, a specific form is used, and proof of service must be filed with the court. This is less common than the permissive notice to secured creditors.
What Paperwork Completes a Probate in Texas: Accounting and Closing Documents
Once all debts and taxes have been paid, and the estate’s assets have been distributed to the beneficiaries, the executor/administrator must prepare and file final closing documents.
How to Complete It
- Final Accounting (if required): In some cases, the court may require a formal accounting, detailing all receipts and disbursements of the estate. This is more common in complex estates or when there are disputes among beneficiaries.
- Receipt and Release: Each beneficiary should sign a Receipt and Release, acknowledging receipt of their share of the estate and releasing the executor/administrator from further liability. These receipts are crucial for closing the estate.
- Application to Close Estate: The executor/administrator files an Application to Close Estate with the court. This document typically includes:
- A statement that all debts and taxes have been paid.
- A statement that all assets have been distributed.
- Attached Receipts and Releases from the beneficiaries.
- A request that the executor/administrator be discharged and the estate closed.
- Affidavit of the Executor to Close the Estate: This could replace the Application to Close the Estate, and be used to finalize and close out the probate.
- Order Closing Estate: Once the court is satisfied that all requirements have been met, it will issue an Order Closing Estate, formally discharging the executor/administrator and closing the probate case.
What Paperwork Completes a Probate in Texas: Special Circumstances Paperwork
Certain situations may require additional paperwork:
Small Estate Affidavit
Suppose the estate’s value (excluding the homestead and exempt property) is below a certain threshold ($75,000 in Texas, excluding homestead and exempt assets). In that case, a Small Estate Affidavit can be used instead of full probate. This simplifies the process significantly.
Muniment of Title
If the decedent had a will, and there are no unpaid debts (except those secured by real estate), probate can be handled as a “muniment of title.” This process is simpler than full probate and involves admitting the will to probate to establish the chain of title to the assets. The paperwork is primarily focused on proving the validity of the will.
Affidavit of Heirship
If the decedent died without a will (intestate), an Affidavit of Heirship may be used to establish the legal heirs. This is particularly important for transferring title to real property. Two disinterested witnesses who knew the decedent and their family history must sign the affidavit.
Application for Determination of Heirship
When someone dies without leaving a will, the court will appoint an attorney to represent the heirs.
Conclusion
Completing probate in Texas involves a significant amount of paperwork, each document serving a specific purpose in ensuring a fair and legal distribution of the decedent’s assets. While this guide provides a comprehensive overview of what paperwork completes probate in Texas, seeking legal advice from an experienced probate attorney is strongly recommended.
An attorney can guide you through the specific requirements of the case, ensure all forms are completed correctly, and navigate any complexities that may arise. Proper completion of this paperwork is not just a formality; it’s the foundation of a successful and legally sound probate process.
Other Related Articles:
- What in a Will Goes to Probate in Texas, and What Does Not?
- What is a CSZ Probate in Texas? Understanding the Process
- What Court Probate in Texas Is: A Comprehensive Guide
- What Happens If You Don’t Probate a Will in Texas? A Comprehensive Analysis
- Do You Have to Probate a Will in Texas? A Comprehensive Guide
- Does a Surviving Spouse Need Probate in Texas?
- How Much Does Probate Cost in Texas? Avoid Costly Surprises
- How Long to Probate a Will in Texas: A Comprehensive Guide for Executors
- What questions should you ask a probate lawyer?
- Which Property Should Be Included In Texas Probate or Intestate
FAQs
The first document is typically the Application for Probate of Will and Issuance of Letters Testamentary (if there’s a will) or the Application for Letters of Administration (if there’s no will).
You have 90 days from the date of your appointment as executor/administrator to file the Inventory, Appraisement, and List of Claims, unless you obtain an extension from the court.
Yes, you can. The homestead is excluded from the $75,000 limit for a Small Estate Affidavit in Texas.
Failure to properly notify creditors can expose the estate and the executor/administrator to liability. Creditors who were not properly notified may have a longer time to file claims.
Most of the time, the county will offer the paperwork online, free of charge. A probate attorney will also provide these documents when hired to represent the estate.
Once the Inventory, Appraisement, and List of Claims is approved by the judge, also when an Affidavit to Close is filed.
