Legal Question in Wills and Trusts in Texas

Probate costs

I would like to know if letting a normal average will (with no one contesting) go to probate court (when an executor is not named in the will) after someone�s death, would be cheaper than securing a private probate attorney in the will to handle executorship after death. Someone told me that in the state of Texas, the cost for a will going to probate (because no is assigned as executor), is not all that expensive. At this point I do not have anyone I would want to appoint as executor to avoid probate court. In the state of Texas, what is the approximate (ball park) cost of private probate attorneys vs letting the will go to probate court because no executor is appointed?


Asked on 1/01/08, 3:13 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Re: Probate costs

If the will does not have an executor, the court will have to administer the probate of the estate. Court supervised dependent administrations will require an attorney as the adminstrator will have to go to court to do just about anything. They are expensive. The adminstrator will have to pay for a bond. If you do not name an executor you are guaranteeing that lawyers and other expenses will be needed.

A private attorney can show you how to save all of this. The cost is much less than that of a dependent adminsistration.

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Answered on 1/01/08, 3:59 pm


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