Legal Question in Wills and Trusts in Texas

Re: probate court

More than likely. I suppose you are a beneficiary of an insurance policy, but that is not included in his estate. Unless he transfers all his property to you before he dies, you would likely have to go to probate court to at least get clear title to the house.

Re: probate court

I can't tell from your facts what you are asking. Probate court is a special court to handle the estates (property) of deceased or incapacitated people. If you are a beneficiary of a life insurance or other account, then typically, that contract doesn't involve the deceased's estate, so no court action is necessary for that asset. However, there are other assets such as houses, cars, other bank accounts for which it would be necessary to file an action in probate court in order to determine who owns what. It's considered a best practice to have a will drawn up to determine who gets what and when.