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Sometimes it is not practical nor feasible to wait the normal 2-3 weeks to go to court for court approval of an executor, administrator, and/or guidance on a pending estate matter. In these types of emergency circumstances, which cannot be filed sooner than the third day after death and no later than the ninetieth day after death, Texas law offers the following emergency procedures:
1. Application to obtain funds for funeral and/or burial of the decedent;
2. Application to gain access to rental accommodations where personal property is located;
3. Application to limit spouse's control of burial or cremation;
4. Application for examination of documents and/or safe deposit box (e.g. to locate original will);
5. Application to compel delivery of will; and/or
6. Application for Temporary Restraining Order to prevent loss of personal property.
Aside from these six specific grounds listed above as well as the Temporary Administration option, Probate Court Judges are unlikely to grant any other type of extraordinary relief. If you find you or your family requiring emergency relief for a probate matter, you are advised to contact a qualified probate lawyer as soon as possible.
Marold Law Firm, San Antonio Probate Attorneys .com, is here to be your sophisticated probate lawyers. Call or email us to schedule a free initial consultation with a probate attorney today.
We look forward to hearing from you!
Attorneys are not certified by the Texas Board of Legal Specialization.
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