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Texas Probate Code Adds Requirements

Texas Probate Code 128A went into effect on September 1, 2007. Along with many detail instructions and changes is one item of concern (by many attorneys).

Going through the probate process now requires that all known beneficiaries be contacted “by registered or certified mail, return receipt requested”. This new procedure in and of itself can become very encumbering to the executor/executrix who is trying to work the system.

It sounds very simple, but when one runs into challenges is when there are multiple beneficiaries in various states (and this situation could change over time from the present circumstances). If there is one beneficiary to whom it must be sent, it adds costs – the attorney or executor/executrix must report to court that the letter has been sent – all must be documented and performed officially.

This process will vary from case to case, some could be easily negotiated (if only a spousal beneficiary), but other cases could be quite complicated. If a person has moved (etc. etc.) then the process of tracking that person and making sure there is proper documentation to satisfy the court becomes an issue.

Therefore, for the inconveniences caused by this new requirement as well as the normal privacy, no probate procedures, etc. that are already in place, a family may want to consider their legal planning via a Revocable Living Trust in lieu of a will and the probate procedures.

Reference: PART 4. CITATIONS AND NOTICES

                     Section 128. Citations With Respect to Applications for Probate or for Issuance of Letters

                     Section 128A. Notice to Certain Beneficiaries After Probate of Will