Probate Law

Probate Law
a. Who may make a will? Are there restrictions on willing property in your state?
Basically, any person can make a will to define persons who inherit his or her property and estates after his or her death. However, there are certain limitations concerning the willing property in Texas. To put it more precisely, the mental health of an individual, who is willing, should allow him to make adequate and conscious decisions, while individuals with mental health problems cannot make their will. In addition, the age of a person does matter because minor have restrictions on willing because their parents are responsible for their property and willing.
b. Explain the role of a personal representative and the functions of a probate court.
A personal representative manages and controls the execution of the will after the death of the person – owner of the property. A probate court functions to facilitate overseeing payments of a deceased person’s debts and distribution of his or her assets. In addition, the probate court protects interests of all creditors and beneficiaries of the estate.
c. Who inherits from a person domiciled in your state who dies intestate?
According to Texas probate law, if a domicile person dies intestate, his or her property will be distributed among his or her family members, including a spouse and children or, if there are none, to other close relatives.
d. When does the federal government have a claim for gift taxes and estate taxes? Does your state impose an inheritance tax?
In Texas, about 90% of all estates are exempt from federal estate taxes. In addition, Texas imposes the inheritance tax, which depends on the value of the estate.


Mckay, John P. (2004). A History of World Societies. Boston: Houghton Mifflin Company
Pipes, Richard. (1999). Property and Freedom. New York: Random House.

Probate Law 9.2 of 10 on the basis of 3288 Review.