Legal Question in Wills and Trusts in Texas

Re: probate will

In order for a will to be effective, it must be probated in the court. The person you name as executor is responsible for probating the will. Naturally, there are court costs and fees associated with this service. If a lawyer is required, he or she will have to be paid also. The court is not there to assist in the legal procedures for the probate of the will. the court is there to oversee that the legal procedures are followed for the probate of the estate.

Re: probate will

It depends on the assets that need to be distributed. Some wills never need to be probated.

If the executor has already passed away, then one of the heirs can petition the court to be appointed, however, it would be much easier to have a new will drawn with a living executor and an alternate or two in the event they the new executor predeceases you.

Re: probate will

A properly drawn will should "stand up", provided that the person making the will is competent, and the will and not the product of undue influence.

Competency and undue influence are more likely to come into play when the person making the will is elderly, particularly when some of the dispositions in the will are unusual. An example of "unusual" is where an elderly parent wills all of his estate to one child and excludes the other children or where he wills all of his estate to a stranger.