Best Probate Lawyers in Arlington

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Arlington, Texas?

  You can reach the local police station in Arlington for non-emergency concerns at 817-274-4444.

• Where can I get a copy of police reports for incidents related to my case in Arlington, Texas?

  Visit https://arlingtonpd.org/webapps/publicreport/ to obtain a copy of a police report related to your case in Arlington. Most reports can be found in the Police Records 72 hours after they were made. You can also request it in person at the Arlington Police Department Records Division or email requests at Police.Records1@arlingtontx.gov.

• How does establishing a trust impact probate in Arlington?

  When you pass away, the property held in trust does not have to go through probate in Arlington. This can save your family time and money because they won't have to wait for probate to be finished before receiving the property. A living trust allows you to transfer ownership of your residences, undeveloped land, savings and checking accounts, and money markets. Also, if you designate yourself as the trustee, you will have access to those assets throughout your lifetime.

• What are the different methods of probate administration in Arlington?

  There are three types of probate administration in Arlington. First is dependent administration, where the court closely supervises this probate. The administrator needs court approval to sell property, pay debts, and more. Second is independent administration, which is the most common method. This approach is cheaper than dependent administration since the administrator rarely goes to court or posts bail. Third is the Muniment of Title, wherein no executor or administrator distributes property. After confirming the will's validity, the court issues an order transferring title to the intended beneficiaries.

• Does a will always need to be probated in Arlington?

  A will usually goes through probate in Arlington; it must be probated if assets are solely in the name of the deceased in the estate. According to the Texas Estates Code, a will cannot be used to show ownership or right to possession of any property that the will gives away until admitted to probate. However, this might not be the case if the estate is worth less than a certain amount, usually between $20,000 and $40,000.

• Can a third-party executor change the way an estate is divided in Arlington?

  No, because a third-party executor in Arlington must carry out the wishes of the testator. An executor is required to do the following after initiating a probate process and gaining Court authorization to operate on behalf of the estate:

  • Gather and inventory the testator's assets
  • Receive and pay valid claims of creditors and tax collectors
  • Distribute the remaining assets to the decedent's beneficiaries as directed by the testator in the will

• In Arlington, is a property that a married couple owns in another state regarded as separate or community property?

  If the married couple bought the property while living in Arlington or anywhere in Texas, it would be considered community property. According to Texas law, all assets and income that both spouses accumulated throughout the marriage are community property. On the other hand, it is a separate property if acquired through gift or inheritance.