Legal Question in Wills and Trusts in Texas

Does a will have to be filed with a court even if there is not probate? And was there a law passed in the last five years that all beneficiaries must receive a copy of the will?


Asked on 5/04/10, 11:29 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Sometimes there is no need to probate, so the answer to question 1 is no. Yes, there is a law that says all beneficiaries must receive a copy of the will, if it is probated. If the executor fails to timely file probate, then one of the heirs can hire an attorney to open probate and ask to be appointed executor in place of the one named in the will.

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Answered on 5/10/10, 5:53 am


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