Legal Question in Wills and Trusts in Texas
Amount to be Probated
My mother owns property in Texas. As such, she has a Texas will and another covering assets in her current state of residence. My mother would like to know how much an estate must be worth for it to require the probate of a will.
2 Answers from Attorneys
Re: Amount to be Probated
Size is important but not when it comes to the probate of a Will.
The probate of the Will establishes the authenticity of the document but also results in the appointment of the Executor.
The Executor is extremely important because only the Executor can sell or transfer the assets which were owned individually by the decedent.
Without the Executor all the assets remain in the name of the decedent and nothing is distrbutable to the heirs.
Re: Amount to be Probated
There is no minimum amount for probate. Additionally, if the property in Texas is land, then a probate of the will would be preferable. If she does not want to do separate wills, then she may get by with an out of state will, so long as she understands that an ancillary probate action must be done in Texas to clear the title to the property. I would recommend her keeping her Texas will, however.
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