Dallas, TX asked in Civil Litigation, Civil Rights and Probate for Texas

Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

2 Lawyer Answers
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Houston, TX

A: A Writ of Possession is where the Court instructs the Sheriff to give possession of a property or apartment to someone, who has a newly granted legal right to possession of the property. Example, is when an heir (son of deceased), has received an Order or decision of a Probate Court, naming him as the new owner of the property he inherited.

The Writ of Possession is a powerful document. It Orders the Sheriff or Marshall to enforce the newly granted possession rights to a litigant.

I hope this helps.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Sacramento, CA

A: A writ of possession is a court order granting the right to take possession of a property. In the context of probate, it typically comes into play when dealing with the estate of a deceased person. If an executor or administrator needs to take control of property that is part of the estate, but someone is unlawfully occupying it, the writ can be used to remove the occupant.

The probate process involves the legal steps necessary to distribute the deceased person's assets. Sometimes, this includes dealing with properties that may have tenants or other occupants who do not have a legal right to stay. If the rightful heirs or the estate's representatives need to reclaim such property, they may petition the court for a writ of possession.

Once the writ is issued, it is enforced by law enforcement officials, who will ensure the occupants vacate the property. This legal tool helps ensure that the estate's assets are properly managed and distributed according to the deceased person's will or state law. It's essential to follow legal procedures precisely to avoid complications during this process.

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