Legal Question in Wills and Trusts in Texas

Re: File Probate Myself ?

1. The will trumps the marriage. Distribution to be in accordance with the terms of the will.

2. Need two disinterested witnesses who can testify to your mother's handwriting and signature in order to validate the holographic will.

3. Filing for muniment of title is probably all that's required, since that will serve to get the vehicle and the real estate in your name.

Re: File Probate Myself ?

First off, don't do this yourself. Probate in Texas isn't complicated, but there are certain steps to follow, and you don't want to learn the steps in open court.

Second, there is a potential problem with the spouse if they never divorced. The spouse could claim that some property was community, and therefore not subject to disposition by the will. This is very remote, however.

Third, you will need two disinterested witnesses who can attest to the handwriting on the will. You also need to make sure that it is in fact a will under Texas law.

Fourth, a small estate is only available if you have no will, muniment might do the trick and informal is no longer available in Texas. For holographic wills, I'd recommend letters testamentary.