Legal Question in Wills and Trusts in Texas

Do I need to probate a will in this situation?

Here are the facts:

(1) the deceased has a will which names her children as her heirs and names an executor. Location is in Texas.

(2) the deceased had no real property and very little liquid assets at the time of her death. The total sum of her assets is probably under $2,000.

(3) all of her debts have been paid with the exception of a few doctor's bills which are going to be paid out of the remaining liquid assets.

Is it necessary to probate the will.? The situation is that there is a bank that will not close a small bank account with only $80 in it that has recurring monthly charges of $10 per month. They say they will not close the account and that they have to have a ''copy of a probated will'' to close the account.


Asked on 3/16/09, 11:57 am

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Do I need to probate a will in this situation?

it is not necessary toprobate the will. See if the bank will accept an affidavit of heirship. If they don't cooperate, forget about it...it's not worth the trouble.

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Answered on 3/16/09, 12:03 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Do I need to probate a will in this situation?

why probate.?..let the Bank live by its bureaucracy..they have "unclosed" account to contend with...

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Answered on 3/16/09, 1:41 pm


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