Legal Question in Wills and Trusts in Texas

Re: probate why?

First off, if you don't probate the will, then the property would pass via intestacy law. That means that the property may be shared by several siblings (I don't know the family make up.) Second, a deceased person's tax rate exemption doesn't continue post mortem. Once the property title is cleared, you could be in for substantial tax liability going back to the date of death. (I would imagine that the taxing authority takes a dim view on this practice.) There are summary proceedings to probate a will, if there are no debts. I would recommend you do that, if for no other reason than to just ensure that everything is done correctly.

Re: probate why?

You must probate within 4 years or the property goes by state law to heirs....but cost of probate for a small estate is much less expensive than trying to clear title down the road..contact a local lawyer for probating the will

Re: probate why?

Once the taxing authorities find out about your mother-in-law's death, they will "roll-back" the taxes to her date of death and re-assess for the homestead and over-65 exemptions taken after death, they will also charge penalties and interest which could be substantial if the death was not discovered for a while. Probate is inexpensive and quick in Texas. A lawyer should charge from $1,500-$2,000 plus an approximate $200 filing fee to probate a non-contested will. It is worth the investment. By delaying probate for more than 4 years after death (the deadline to probate), your wife could lose a portion of her inheritance to other heirs at law.