Legal Question in Wills and Trusts in Texas
Probating a will
In a second marriage after the death of one of the spouses does a will need to be probated? The spouse does not have any property or furniture. Only small amount of money. The will states that every thing that he owns goes to his spouse.
2 Answers from Attorneys
Re: Probating a will
Too many facts are missing to answer your question. However, if the will isn't probated the estate will be distributed according to the laws of descent and distribution under intestacy (no will). Obviously if the decedent owned nothing, then giving nothing doesn't make sense to probate.
Re: Probating a will
First, make sure that the account is not a survivorship account. If it is, problem solved. If not, and if there are no children outside the marriage, the bank may take an affidavit of heirship.
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