Legal Question in Wills and Trusts in Texas

Re: probating

The answer to your question is "No." I assume that you are aware that an unprobated will has no legal effect.

If there are no title problems, and the spouse and all of the children can get possession of the property and divide it among themselves by agreement, then you probably can accomplish what you desire without a need to probate the will. On the other hand, if there is real property, stocks, bank accounts, etc. for which you may have difficulty getting the title transferred, you may find that it is a simpler process to probate the will.

P.S. The above comment are based upon the assumption that the will does not give property to someone else.

Re: probating

Not all wills need to be probated. It all depends upon the terms of the will, the makeup of the estate, and the devisees.