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Wills in Texas
The law concerning wills in Texas has some unique characteristics not found in other states.
One of the main ones is the independent executor. An executor is a person appointed in a will to administer the decedent’s estate, and see that the decedent’s assets are distributed according to the will, and that any debts left behind are paid off. In most states, the executor operates under close supervision of the probate court.
In Texas, however, the independent executor can usually act with little or no court supervision. They can pay off debts and dispose of the estate within the bounds of the law, without first seeking leave of the court. Of course, there are means to prevent abuse of this power. The independent executor has a legal duty to act in the best interests of the estate.
Texas also has self-proving affidavits, which are not found in some other states. This is an affidavit signed by the witnesses to the execution (signing) of the will, and then attached to the will. It affirms that the witnesses were present at the signing of the will, that the person signing the will is the person named in it, that he or she appears to be of sound mind, and is not acting under duress or other undue influence.
The presence of these affidavits usually eliminates the need for these witnesses to appear in court to verify the authenticity of a will.
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