Estate and Probate Terms
The following terms are used regularly in estate planning and probate cases. They are either defined by the Texas Estates Code or by common usage or law.
- Affidavit of Heirship – A sworn document outlining a decedent's heirs. Generally used to establish title after someone has died intestate (without a will). An affidavit of heirship is presumed true if on file in the County Property Records for longer than 5 years.
- Annexed – In probate cases, a will is annexed to an application when the statute of limitations has passed, or the person applying for administration is not a named executor in the will.
- Application – A pleading filed with the court.
- Beneficiary – A named party in a will or other document (e.g., a paid-on-death designation for a bank account), who takes certain property.
- Binding Agreement – An agreement between the parties that is signed by both of them, and is often also filed with the court. It is enforceable as a contract and the Judge may decide to make the agreement enforceable as a court order.
- Collaborative Law – A method of alternative dispute resolution where all parties agree to resolve their disagreements without going to court. Each person hires his or her own attorney and everyone works together in a series of meetings to reach an agreement.
- County Clerk - Maintains the official court records for the county courts and property records.
- Court Coordinator – The person who works for the Judge assigned to your case. He/she receives court papers and assigns hearing dates.
- Court Reporter – Types and/or records a record of everything said during a court hearing. The court reporter will prepare a written record if requested for a fee. The Court reporter also tracks exhibits admitted by the Court into the record.
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