Legal Question in Wills and Trusts in Texas

If you are the executor of a Will, why does the Will need to be probated?


Asked on 1/30/12, 8:22 pm

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

If you mean you're both the nominated executor and the sole beneficiary, the answer is that the Will *might* not need to be probated. To be basic, a Will is not of any effect until it is admitted to probate. Remember that probate is not solely about beneficiaries. There are often creditors involved, and the probate process involves dealing with them as well. There are many other reasons why a Will needs to be probated, including proper transfer of assets, re-titling of real property, and even the pursuit of legal claims held by the decedent. Sounds like you might benefit from a quick consultation (often free) with a probate attorney near you to understand exactly the situation that you're in.

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Answered on 1/30/12, 8:55 pm


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