San Antonio TX Probate Law Blog

Monday, May 23, 2016

Two Common Issues With Handwritten Wills

Most handwritten Wills generally do a good job indicating the testator's (i.e. the Will-maker's) intent to make a testamentary distribution of property after death, name an Executor and name the intended beneficiaries.  Unfortunately, most handwritten Wills fall short in two other important areas: (1) they fail to authorize an Independent Administration, and (2) they fail to authorize the Executor the power to sell estate property without court approval.

Both of these deficiencies can be solved.  But, doing so requires the person applying to have the handwritten Will admitted into probate (generally, the person named as Executor) to obtain the written consent of all of the beneficiaries asking the court to grant an Independent Administration and the power of sale.

Grant of an Independent Administration permits the Executor to operate almost completely free of court supervision.  Grant of the power of sale permits the Executor to sell estate property without prior court approval (or further approval of beneficiaries) in order to pay estate debts and make distributions of property to the beneficiaries according to the terms of the Will.

If you have questions pertaining to these handwritten Wills or other estate-related questions, speak with a qualified probate and estates attorney.

Author Jim Cramp is the founder and principal attorney at the Cramp Law Firm.  The Cramp Law Firm provides a spectrum of family-related legal services in the greater San Antonio Region.

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