Legal Question in Wills and Trusts in Texas
My father recently passed away, leaving everything to my mother. There are 3 adult children with no desire to challenge the will, and no other claims. House is paid for, and there is less than $100K in liquid assets. Is it necessary to probate the will in Texas?
Asked on 6/14/10, 10:56 am
2 Answers from Attorneys
Mitsy Barajas
The Law Office of Mitsy Barajas
Yes, the will must be probated, and most counties will require that an attorney probate the will.
Answered on 6/14/10, 2:29 pm
Cheryl Rivera Smith
The Smith Law Firm
No. It is never "necessary" to probate a will and often there is no need to do so. As long as Mom would inherit under the intestacy laws, an affidavit of heirship will transfer title to the house, the bank account is probably a survivorship account, and 401(k), life insurance, etc. probably have named beneficiaries.
Answered on 6/16/10, 6:21 am
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