Free Tools and Information
for Austin, TX Consumers
- Texas PROBATE COURT FINDER:
- How Probate Works in Texas: How to handle the probate of an inheritance at Travis County's probate court.
- Small Estates Procedures in Texas: Learn how to use Texas's Small Estate procedures that can save you time and money.
In Texas you can use an Affidavit if the entire estate, not including homestead and exempt property, is worth $75,000 or less and there's no Will. A probate judge must approve the Affidavit. Can be used to transfer homestead, but no other real estate. There is a 30-day waiting period.
Tex. Est. Code 205.001-008.
You can use a summary probate procedure if the value of the property doesn't exceed what's needed to pay family allowance and certain creditors.
Tex. Est. Code 354.001.
"Independent administration" is available, regardless of value of estate, it is requested in the Will or all inheritors agree to it.
Tex. Est. Code 401.001 and following.
Texas offers simpler procedures available for smaller estates. The two most common options are:
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Small Estate Affidavit: This is a simplified probate process that can be used when the value of the deceased person's assets, excluding real estate, is $75,000 or less. The deceased person must have had a valid will, or if they did not have a will, they must have died intestate (without a will) and met certain other criteria. The person who is entitled to inherit the property can complete a small estate affidavit and present it to the holder of the property (such as a bank or other financial institution) to transfer the property to them. Texas Estates Code § 205.001-205.008.
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Muniment of Title: This is a court order that can be used to transfer title of property when the deceased person had a valid will and there are no outstanding debts or liabilities other than those secured by liens on real property. This process does not involve the appointment of an executor, and can be used when the value of the estate, excluding real estate, is $75,000 or less. Texas Estates Code § 257.001-257.010.
It's important to note that these simplified procedures may not be appropriate or available in all cases, and the specific requirements and procedures may vary depending on the circumstances. It's always a good idea to consult with an experienced probate attorney to determine the best course of action.
Sources:
- Texas Estate Taxes:
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Texas, like most states, does not impose an estate or inheritance tax. Only a few states do.
- Avoiding Probate in Texas. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
- Transfer on Death Deeds (TODDs)
Transfer on death deeds (TODDs) are allowed in Texas, as are common law "Ladybird Deeds".
Texas is unusual in that it has both:
- a statutory transfer on death deed law, and
- a tradition of allowing so called "ladybird deeds" under common law.
Both of these instruments are similar in what they do -- transfer ownership at the moment of death -- but the statutory TODD deed has limitations on it. It is meant to be a simple solution for simple situations.
- Benefit Amounts in Texas: Learn how unemployment works, how much you'll get, and for how long.
- Minimum:
- Maximum:
- Duration:
In Texas, you can receive unemployment benefits for a maximum of 26 weeks under state law.
- Eligibility: >Whether you qualify for unemployment.
- How to Apply: How to apply for unemployment in Texas.
- Unemployment Office Near Me? How to find your local unemployment office.
- COVID-19 Benefits: We tracked the rise and fall of COVID-19 unemployment benefit payments.
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- Texas Minimum Wage:
Texas has a minimum wage law. The current minimum wage in Texas is $7.25 per hour for non-exempt employees, which matches the federal minimum wage. However, a new law, the Texas Fair Minimum Wage Act, was signed in 2023, and it will gradually increase the state's minimum wage to $15.00 per hour by 2026. The law will take effect on January 1, 2024, with an initial increase to $9.50 per hour
Travis County Minimum Wage
The minimum wage in Travis County is $9.50 an hour, the state minimum wage. Texas law prohibits city and county governments from adopting a local minimum wage that's higher than the state minimum wage.
Austin Minimum Wage
The minimum wage in Austin, Texas, is $9.50 an hour, the state minimum wage. Texas law prohibits city and county governments from adopting a local minimum wage that's higher than the state minimum wage.
- Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in Texas and whether they apply to you.
- Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in Texas.
- Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in Texas.
In Texas, your employer may pay you a minimum wage of $2.13 an hour, as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $7.25 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.
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