Legal Question in Wills and Trusts in Texas

My father had a revocable living trust and now I need an order signed by a Judge appointing me executor of his estate. How can I get one without going through probate, which a Living Trust is supposed to do (avoid probate).


Asked on 11/04/15, 4:30 pm

1 Answer from Attorneys

I'm sorry to hear about your father. To answer your question, you still have to probate the will. The Will that you have (if it's done properly) is likely a "pour over" will. This will should catch any assets that your father forgot or didn't have time to put into the RLT. If there's no debt, you can do a summary proceeding (called a muniment of title) to get any remaining assets titled to the trust.

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Answered on 11/04/15, 5:04 pm


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