El Paso County
Probate Court
500 E. San Antonio, Suite 703
El Paso, Texas 79901
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El Paso County
Statutory Probate Court
- Frequently asked questions
- 1. What is "Probate"?
- 2. Can I Probate A Will On My Own Or Do I Have To Hire An Attorney?
- 3. Is There anyone Who cannot serve as an Executor, Administrator or Guardian in a Probate Proceeding?
- 4. What is a Small Estate Affidavit?
- 5. What is an "Administration"?
- 6. What is Guardianship?
- 7. Can there be a Guardian for only the person or a Guardian for only the person's Financial Affairs?
- 8. Does it take any Special Skills to be a Guardian?
- What is "Probate"?
- Probate is a word used to describe an entire process by which an instrument brought before a judge that purports to be a will is actually a valid will. A will is "admitted to probate" when it is found to be a valid will.
- To return to the Frequently Asked Questions
- Can I Probate A Will On My Own Or Do I Have To Hire An Attorney? If you are the named executor in a will, you can probate the will on your own, but the El Paso County Probate Court cannot provide you with any application forms or any legal assistance before, during, or after your probate hearing. You will be expected to handle the entire probate process on your own. El Paso County Probate Court strongly encourages you to consult with an attorney when probating a will.
- To return to the Frequently Asked Questions
- Is there anyone who cannot serve as an executor, administrator or Guardian in a Probate Proceeding?
- An individual who has been convicted of a felony, who has filed for bankruptcy, or who owes the estate or person under guardianship money cannot serve as executor, administrator or guardian.
- To return to the Frequently Asked Questions
- What is a Small Estate Affidavit?
- It is a sworn document that allows certain survivors of a decedent's to receive a portion of the estate provided that: ....there is no pending petition for the appointment of a personal representative and, ....thirty days have passed since the death of the decedent and, ....the estate's assets (excluding the homestead and exempt property) do not exceed $50,000.00. The office of the County Clerk at 546-2071 has more information on small estate affidavits.
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- What is an "Administration"?
- An administration is a probate process used in those instances where the deceased person did not leave a will and the assets in the decedent's estate (excluding the homestead and exempt property) total more than $50,000.00.
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- What is Guardianship?
- Guardianship is a legal term used to describe the role of a person or organization that has been appointed by a judge to make personal and financial decisions for someone else. A person who needs a guardian is unable to make the decisions and perform the tasks necessary to ensure their own health and well-being and the proper management of their own financial affairs. A medical doctor or psychologist must certify to the court that the person who needs a guardian is unable to do these things. A person who has a guardian is called a ward.
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- Can there be a Guardian for only the person or a Guardian for only the person's financial affairs?
- YES. A guardian may be appointed for the person, or for the estate, or for both. The guardian for the person and estate may be the same person or organization, or may be two different entities.
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- Does it take any special skills to be a Guardian?
- It takes a real desire to help the person who needs a guardian to live as independently as possible in the least restrictive environment possible. Being a guardian requires sensitivity, honesty, and responsiveness to the needs of another person. Also, a guardian is required to submit periodic reports to the court which describe how the ward is doing and what is happening with the ward's money and property.
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- More Information
- Email Us
- Other Resources
- Texas Judicial System
- Texas Appellate & Trial Courts
- AARP