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BRIEF: Can any creditor file probate for an intestate or must it be a secured creditor?

Writer: Paul PremackPaul Premack

Usually the will is filed for probate by the person nominated as Executor. If that has not happened, the Probate Code allows “any interested person” to initiate the probate proceedings. An “interested person” includes heirs, devisees, spouses, creditors, or any others having a property right in, or claim against, the estate being administered. Hence, any creditor, secured or unsecured, has standing to initiate a probate.

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A BRIEF is a short answer to a legal question

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Paul Premack is Certified as an Elder Law Attorney (CELA®) by the National Elder Law Foundation. He served as President of the Texas Chapter of the National Academy of Elder Law Attorneys (NAELA) and is a member of NAELA. He is licensed to practice law in Texas and Washington and handles Estate Planning, Probate (Probate limited to Bexar County, TX at this time), Wills, Living Trusts, Durable Powers of Attorney, Medical Powers of Attorney, and Elder Law in Texas and in Washington State. Beginning in 1989 Premack wrote the legal column for Hearst Newspapers around the USA. We have offices in San Antonio, Texas and in Olympia, Washington.

 

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