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Texas Probate Law

Congress failed to extend the federal estate tax, so it is repealed for persons dying on or after January 1, 2010. However, Congress may reinstate the tax early in 2010 -- possibly retroactively -- and the estate tax comes back automatically in 2011. This presents problems for persons who have significant holdings of appreciated assets, since the repeal of the estate tax means a loss of the "free" step-up in basis at death.

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