Legal Question in Personal Injury in Texas

Assuming most of your father's property was community estate property, then it will probably pass to your mother whether or not the will gets probated. The Estates Code provides:

(b) The community estate of the deceased spouse passes to the surviving spouse if:

(2) all of the surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.

(c) If the deceased spouse is survived by a child or other descendant who is not also a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the deceased spouse's children or descendants. The descendants inherit only the portion of that estate to which they would be entitled under Section 201.101. In every case, the community estate passes charged with the debts against the community estate.

So, creditors will be able to reach the estate assets.

If you need help probating the will and it is in Harris County, let me know if I can help.