Legal Question in Wills and Trusts in Texas
probating a will
My uncle just passed away and he named my father as the exucuter of the will and myself as sole benefieceary. Which includes a house, a car, and a couple of bank accounts.What is the easiest and cheapest way of obtaining his assets. The will is not being contested so I do not know if the will really needs to be probated by the court.
3 Answers from Attorneys
Re: probating a will
It has to be probated so that your father can gather the assets. It's not an expensive proceeding in Texas.
Re: probating a will
A will has no legal effect or significance until it is admitted to probate. If the will is not probated, then your uncle's estate would pass by the laws of intestancy, in which event your father (and possibly others) would be the beneficiary before you are. The fact that you ask means that you and your father need to get with a lawyer to arrange for the probate the will.
Re: probating a will
In Texas it is very inexpensive to probate a will and, assuming the will is not contested, the probate can be completed within a few months. You really need to have the will probated to protect your interests, so call a competent lawyer who is knowledgable and can expeditiously handle it for you.
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