Legal Question in Wills and Trusts in Texas

Do I have to probate an existing will before making a new will

My Husband died two years ago and I have not had his will probated. We both made our wills at the same time about 20 years ago. Can I make a new will that will revoke both existing wills without probating my Husband's will?


Asked on 8/01/04, 9:36 am

1 Answer from Attorneys

Re: Do I have to probate an existing will before making a new will

You can revoke your will at any time by simply writing a new will that expressly revokes your prior will. Because your husband is deceased, you cannot alter his will. You should have a probate attorney review the will, to ensure that it's possible to probate it (sometimes home made wills aren't done correctly, and they are invalidated) There may be other alternatives to probating the will, such as muniment of title, family settlement, etc. However, you will need an attorney to advise you on this.

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Answered on 8/01/04, 10:11 am


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