Several types of probate are available when a person dies depending on whether they have a will or not.

If the Decedent did have a Will:

  1. Probate of a Will and Appointment of an Independent or Dependent Executor.
  2. Probate of a Will and Appointment of an Independent or Dependent Administrator with Will Annexed.
  3. Probate of a Will as a Muniment of Title.
  4. Probate of Will and Order of No Administration.

If the Decedent did not have a will (Intestate)

  1. Small Estate Affidavit.
  2. Declaration of Heirship.
  3. Affidavit of Heirship.
  4. Family Settlement Agreements.

Which procedure to choose will be a decision that the family makes in consultation with the estate attorney who is going to handle the probate.

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Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).

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