Even though though the Uniform Probate Code was meant to provide for a standard in regards to probate regulations and procedures across the United States’ fifty states, not all states adopted the entire piece of legislation. Therefore, states will still have some variance in terms of the probate codes and legislation.
Texas Probate Code provide for distinct regulations regarding all aspects of probate issues, such as making and administering wills, procedures in case of death without a will, administration of estates, and the appointment of guardians. Texas Probate Code may provide for certain procedures that may not necessarily be implemented in other states.
For example, Texas Probate Code, with regards to community property, allows for the transfer of property without the need to implement probate legislation. Furthermore, for the transfer of ownership for certain assets, a proper court hearing or procedure may not be required or even necessary.
An example of Texas Probate Code states that a person must be at least eighteen years old in order to draft an valid will. This is also extended to minors that have been legally and appropriately emancipated by law. The will itself must be in writing and have at least two witnesses over the age of fourteen. However, witnesses are not required if the will is made in a person’s own hand writing.
Another example of Texas Probate Code deals with the determination of heirs. In the case that a person dies and there are no immediate descendants or properly determined heirs as per the person’s will, a request can be filed with the probate court, which will then decide who will receive the assets or property.