Legal Question in Wills and Trusts in Texas
Do you have to probate a will
My Uncle died last week and his will left everything to my Aunt. Dose my Aunt have to probate his will? Can she get the things like the house and car and any other property in just her name without probating the will?
3 Answers from Attorneys
Re: Do you have to probate a will
Yes, it is possible to avoid probating a will. In many instances however, it's simply easier and more cost effective to go through with the probate process. I'd have to see the condition of the estate (assets / liabilities) before I could make a determination as to the most cost effective way to handle this estate. If the will is done correctly, then Texas provides a smooth probate process with very limited judicial involvement. If there are no estate liabilities (aside from mortgage liabilities) then the process can be even faster.
Re: Do you have to probate a will
The will must be probated if she relies on it to pass title. A will has no effect until probated.
Re: Do you have to probate a will
Depending upon the overall size of the estate, she may be able to have a Small Estate Administration. Usually probating the will is as fast, only a little more expensive, and avoids a whole host of minor problems. In either event your aunt will need an attorney to help her.
Probating a will in Texas is really quite easy.
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