Huntsville, TX asked in Probate for Texas

Q: In Texas, when a minor child dies intestate is probate necessary?

A minor child died and the family is filing a wrongful death suit. Do they need to go through probate?

Related Topics:
1 Lawyer Answer
Ross F. Tew
Ross F. Tew
  • Probate Lawyer
  • Arlington, TX
  • Licensed in Texas

A: It depends on the cause of action. The administration of a decedent's estate is necessary to pursue a survival action, but not a wrongful death suit. One of the biggest practical differences between a survival action and a wrongful death claim is that with a wrongful death claim, damages typically go directly to the family and would not be included in the decedent's probate assets. Unfortunately, the defendants in the suit typically want a representative of the estate appointed to release any claims the estate has against the defendant before settling.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.