Legal Question in Wills and Trusts in Texas

Re: Will and estates

We do not have a 'reading of a will' in Texas. A will is entered into probate, and then the estate is distributed. Property cannot be sold until there's authority to do so.

Re: Will and estates

A will has no meaning until it is filed with the court for probate. After a hearing the court will enter an order admitting the will to probate. You might say that is when the will becomes official.

To answer your question, there are a lot of variables. For example, if:

(a) the beneficiaries under the will are the same as the persons who would inherit the property anyway;

(b) the creditors of the estate have been taken care of; and

(c) you can get possession of the property without a probate;

then there is little reason to probate the will. In this scenario, go ahead and divide the property.

On the other hand, there may be bank accounts or the need to sell real property for which additional formalities are required, and the will may need to be probated. Otherwise, you may not be able to get access to bank accounts or the title company may not be willing to insure the title to a purchaser.

If there is any question, see a lawyer. Compared to other states, generally probate expenses in Texas are cheap.