Legal Question in Wills and Trusts in Texas

No you do not have to have a will. If you do not, state law will determine the disposition of your property after you die.

Executing a Will is not mandatory. It is, however, one of the most effective methods of ensuring that your property passes to the individual(s) of your choosing at the time of your death. Additionally, having a Will may also make life easier for the same individual(s) when dealing with debts that you leave behind as well.

As for the second part of your question, not all Wills are probated in Texas, though most of them are. In some rare uncontested cases, and in many contested cases, a Will can either be denied admission to probate, or the parties can agree not to admit the document to probate.