Houston, TX asked in Probate for Texas

Q: In a Texas will, when do monthly payments need to be made - after probate approved or after death?

In a Texas will, a specific person is to be given monthly payments for a specified duration. When do these payments begin? After death or after probate approved (this is a large estate, so probate may take a while).

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2 Lawyer Answers
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: The terms of the will do not take effect until after the will is admitted to probate; therefore, your first priority should be the application for administration.

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Take the Will to a local probate lawyer. It may provide for payment to commence with death. Please also note that all creditors must be paid before distributions can be made. Sometimes it is clear that there is enough in the estate to pay all the creditors and distributions (including those owing since the death) can commence immediately. Sometimes it is not.

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