Legal Question in Wills and Trusts in Texas

Are there ways you can tell that a will/estate doesn't have to be probabated? Would an estate worth around $300,000 need to be probated? There was no real estate or houses involved.


Asked on 6/16/10, 6:31 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

It is not the size but type of assets and whether or not the decedent's wishes would be carried out under intestate succession that determines whether or not a will should be probated.

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Answered on 6/17/10, 5:09 am

The answer depends on the types of assets and how the assets were prepared. For example, if the deceased had no debts, and the assets were held in accounts with beneficiary designations, then probate can be avoided. However, probating a properly drafted will in Texas is not expensive, and if there are no debts, a summary proceeding can be done. This would come in handy in case there's an asset that is later discovered that wasn't planned for (for example, another bank account that didn't have a beneficiary designation.)

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Answered on 6/17/10, 6:23 am


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