Legal Question in Wills and Trusts in Texas

probating a will

My husband passed in May of 2008. He did leave a will. We live in Texas. What is the procedure and when do I get this probated? In the will he leaves everything to me, his spouse. Thank you for your help.


Asked on 7/27/08, 1:32 pm

3 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: probating a will

Depending on curcumstances, it may not be necessary to probate the will. You should contact an attorney to review all of the details of your situation. Perhaps an affidavit of heirship will suffice.

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Answered on 7/27/08, 2:41 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: probating a will

Call us...we would be happy gto discuss probate..or what you may need.

If Probate is not necessary, we would tell yoou but generally Probate is needed.

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Answered on 7/27/08, 4:23 pm

Re: probating a will

First off, I'm sorry to learn about your loss. To answer your question, the procedure to get a will probated depends on the status of the estate. Did you all own a house? Does your husband have other property to which you cannot obtain access (such as a bank account, or car title)? Did your husband have debts solely in his name?

Here is what you need to do:

1. Collect all the information about your husband's assets. List of property (real property and personal property.)

2. Collect all the information you can about his debts (credit card, funeral, hospital, etc.)

3. Gather all the information about any insurance policies, retirement benefits, 401(k), and joint accounts. Most times, probate is not necessary for these accounts because a beneficiary was designated.

4. Contact a lawyer to review these lists. Most lawyers will do an initial consultation for a small fee.

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Answered on 7/27/08, 4:36 pm


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