Legal Question in Wills and Trusts in Ohio

Re: Do I need to go to Probate?

If your mother resided in Ohio, then I suggest you file the Will for Record Only in the county of her residency(filing fee needed) so that the world is put on notice of her death. This helps with unknown creditors, as well as genealogical questions in the future. As long as her entire estate, probate and non-probate, was under $338,300 then no Ohio estate tax form is needed.

Re: Do I need to go to Probate?

Yes, you should probate the will. Many times, you won't discovery estate property until later. Texas law provides you a four year window beginning from the date of death in which you can probate a will. Since the estate is debt free, you can use an inexpensive procedure called a muniment of title, to have the will 'proved up.' This will come in handy if you later discover a bank account or other property. At very least, you should make arrangements to have the will delivered to the county clerk located in the county where your mother lived or died.