Legal Question in Wills and Trusts in Texas

What is a Probate will, and why do you have to do this?

I lost my mom this year March 6, 2006, I already have a will for her, but everyone keeps telling me that I have to have the will probated. And I can't seem to find out why I need to have the will Probated, no one seems to know. This is my first time going thru this, and I am so confused. Is it necessary for me to have the will probated? If I do, is there a certain time that this has to be done? Also will it cost me anything? If so, do you know how much?

Thank you,

Confused!!!!


Asked on 6/22/06, 5:38 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: What is a Probate will, and why do you have to do this?

Probating a will means a judge has determined the will to be valid. It's usually a necessary first step for the distribution of property in keeping with the desires stated in the will itself. Whether it's necessary is usually determined by an attorney who practices in probate, and who can look at the decedent's estate and whether claims have to be settled.

If administration is required, the will must be probated within four years from the date of death.

There are costs to probate; filing fees, attorney fees, and miscellaneous costs. A typical probate with administration will run between $1500 and $2500, and depends in large part upon how much you will do.

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Answered on 6/22/06, 5:51 pm


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