Legal Question in Wills and Trusts in Texas
probate vs. hiership
My father recently passed away. His will states that everything be left to my mother. Is there a way to simply execute his will without going through probate?
2 Answers from Attorneys
Re: probate vs. heirship
The only way for the will to take effect is to probate it with the court.
However, if your mother and father were married for a long time, only have community debt, did not own any separate property, and did not have any children with other people, then you may not need to probate the will, since under those circumstances the statutes would cause all community property to go to your mother. In that case, an affidavit of heirship would work, which is cheaper and quicker than probate.
I would recommend consulting with an attorney to make sure that the facts all line up, and if so, the attorney can prepare the 2 affidavits of heirship, which simply need to be signed by uninterested parties and recorded.
Re: probate vs. hiership
It depends upon the size and complexity of the estate, and whether debts are owed. Consult with an attorney to see what may be done.
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