Unique Probate Challenges: How to Handle the Unexpected in Texas Probate

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• Sticky situations often arise in the probate process
• Challenging scenarios can include adoption by estoppel, residents who won’t leave, incarcerated beneficiaries, and more
• Learn the legal ramifications in dealing with these challenges as an heir or executor

When a loved one passes, the probate process can feel overwhelming. And just when the process begins moving along smoothly, something unusual can throw everything off course. From digital accounts to incarcerated heirs, here are six tricky probate scenarios – and how Texas law helps you deal with issues that often don’t show up in a standard will.

Common Complications in the Probate Process

Adoption by Estoppel in Texas Inheritance Law

If a child was never formally adopted but was raised as a family member, they may still have inheritance rights under adoption by estoppel. To prove this, Texas law requires evidence like school records, letters, and witness testimony. This doctrine doesn’t apply to adult adoptions or trust beneficiaries.

Accessing Digital Assets After Death

Social media, email, cloud storage – digital assets after death can be hard to access. Under the Texas Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), executors may request access if the deceased gave permission via online tools or legal documents. Without this, a court order may be needed.

What to Do About Incarcerated Beneficiaries

A beneficiary in prison can still inherit, but the executor might need to use a power of attorney or deposit funds with the state comptroller. If the incarcerated person is responsible for the decedent’s death, the Slayer Statute may apply.

Evicting Someone from Inherited Property

When someone refuses to vacate estate property, the executor must file a forcible detainer in the correct Justice of the Peace Court. Start with a legally required 3-day notice to vacate, and follow the Texas Rules of Civil Procedure carefully.

Reclaiming Non-Probate Assets

Accounts with named beneficiaries, like payable-on-death (POD) accounts, are generally outside the estate, but not always. Under Estates Code § 113.252, if the estate lacks funds to pay debts or taxes, the executor may request repayment from those who received non-probate assets.

Managing Timeshares in Texas and Out of State

Timeshares may require ancillary probate if located outside Texas and can be difficult to sell. Be cautious of timeshare resale scams. Executors might explore deed-back options or transfer the interest to an heir willing to take it on.

Seeking Guidance Regarding Texas Probate Law?

Navigating these situations requires patience, planning, and the right legal support. BoyarMiller probate attorneys help families throughout Houston and across Texas handle even the most complicated estate situations. Understanding rights as an executor or heir can help prevent bigger problems down the road.