Legal Question in Wills and Trusts in Texas

My mother has passed away and she left a will. All she had was a house and two empty lots. What do I need to do to probate the will?


Asked on 2/26/10, 2:42 pm

3 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

You need to call a lawyer to probate. As long as the will is for an independent administration and not contested, expect to pay the lawyer from $1,500 up, plus the cost of filing approximately $200 and the cost of publication approximately $200.

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Answered on 3/03/10, 3:20 pm

The type of probate action will depend on whether or not your mother had any debts at the time of death. If yes, then you may need to do an application for letters testamentary (an executor of the will steps into the shoes of the deceased and settles all estate accounts.) If there are no debts, then you can do a summary procedure called a muniment of title (you go to court and ask a a judge to approve the validity of a will.)

Do not do this yourself.

Dave

Please read my disclaimer:

http://leonlaw.com/askalawyer/disclaimer

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Answered on 3/03/10, 3:42 pm
Donald McLeaish McLeaish&Associates;, P.C.

If the will is not probated, the property goes to all heirs...contact a lawyer and your mother's wishes will be accomplished

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Answered on 3/04/10, 5:12 am


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