Legal Question in Wills and Trusts in Texas

I was appointed independent executor for my mother�s last will and testament.

The will states: I appoint my son, Ralph Edwin Carter Jr., Independent Executor of my will and estate, to act without bond and free from supervision of any court. My Executor shall have and may exercise, without first obtaining the approval of any court, all of the powers of independent executors under the laws of the State of Texas. In addition, my Executor shall have all the powers now or hereafter granted to trustees under the Texas Trust Code.

I was looking at the information in the Harris County Probate Courts Clerks Office and it states that a will is not accepted unless it is seen by a probate judge. A person must appear in probate court with a lawyer of be considered as illegally practicing law if they show up in court without legal representative.


Asked on 11/30/14, 8:11 pm

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

In order for the terms of a will to be enforceable, it must be probated (proved in court). Once that is done, there are a few additional steps that must be taken to make sure that all creditors and beneficiaries are given notice of the probate and of the assets. Once that is done, if you are the independent executor, then you operate free of court supervision. If the will did not say that, then everytime you wanted to do something, you would need to go to court and get approval. Most larger counties that actually have Probate Courts, won't let a non lawyer probate a will without a lawyer.

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Answered on 12/01/14, 8:27 am


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