Probate v. construction
• Probate – judge declares paper = will
- Title-accommodating, not interest-creating
- Allows will to be used as evidence of title
- Proves title but doesn’t make you the owner
- Moment someone dies, title passes to the right person, even if takes system longer to determine who that is
- Texas 37 – passes immediately at death (includes title to personal property, which is unique)
- ALL PROPERTY PASSES IMMEDIATELY
- Executor still has right to play with property until estate is settled
• May sell, etc. to fulfill creditors claims
- Texas 73 – period for probate
- Four years but can screw self because someone else could file intestate action and sell with Eckland result
• Construction – subsequent will interpretation
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