Legal Question in Wills and Trusts in Texas

Either of you might be right. Whether or not probate is needed is determined by more than just the fact of whether or not a Will exists. Assets and debts, for example, weigh heavily into the equation. Many types of assets can pass outside of probate. Life insurance policies and retirement accounts are among the many kinds of assets that can be designated to pass to beneficiaries (regardless of a Will's instructions.) Much more information would be needed in order to tell you whether or not probate is necessary in your mother's estate.

At this point, you might also consider depositing the Will with the appropriate clerk. Depositing the Will is not the same as filing it for admission to probate, but it largely removes the threats of loss, alteration or destruction.