Legal Question in Wills and Trusts in Texas

probate holographic will

My stepdad died, leaving a handwritten will in which he left certain things to people. My brother (my stepfathers natural son) has the only copy of will. He will not probate will even though my stepdad left things to people, because he said its not worth his time and anyway, my stepfather did not designate an executiver in his will which means if someone tried to force him into probate, the will would be invalid and everything would go to him since he is his only natural heir. (our mutual mother died a few months before stepfather did) Is he correct? and since no one has alot of money to spend on attorneys would it even be worth their wild? My sister was left his truck, worth about 3000. the grandkids were left money, He had about 20,000. he wanted divided among the grandchildren (My brother has no children) another reason he doesn't want to probate will.


Asked on 6/16/01, 6:41 pm

1 Answer from Attorneys

Re: probate holographic will

I f a handwritten will satisfies the requirements of the Texas Probate Code, then it wouldn't matter that it didn't appoint an executor. A court can appoint one, and that executor would then distribute property per the will's terms. It is not really all that expensive. As for the brother's refusal, you can petition the court to compel him to deliver the will to the court clerk.

Read more
Answered on 6/28/01, 3:01 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas