Legal Question in Wills and Trusts in Texas

Do you have to probate a will in Texas? I am the executor and there are no disputes with family members. My father passed away and my mom is in a nursing home. My mom already has access to the bank account money. I don't see any reason to pay to probate a will when it will have no effect on her possessions or bank account. No one is asking for the will to be probated. Do you see any reason to probate my father's will ? Seems like it would be throwing money away to hire a probate attorney to go through a needless excercise. Thanks!


Asked on 4/08/10, 1:11 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

There are many times that I advise my clients that there is no need to probate. As long as all of the debts are paid and you have access to the money, there is no need. If there is a house, it can be sold using an affidavit of heirship, thus, no probate will be needed for that as well. Sorry for your loss.

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Answered on 4/13/10, 3:44 pm


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