Legal Question in Wills and Trusts in Texas

Do I need to have will probated

My mother died two years ago and I am independent executor of her will. I have not had her will probated. She owned property that has a tax lein of over eleven thousand dollars. Her will states that after her just debts and funeral expenses are paid that the remainder will be divided between me and my brother and my sister. My sister is deceased and she has three children. I paid her funeral expenses and her bill and have receipts for all monies spent. Do I need to get a lawyer and have her will probated or can I divide what is left without hiring a lawyer.


Asked on 6/20/07, 7:59 am

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Do I need to have will probated

Actually, YOU do not have anything to distribute. As indep exec, you're responsibility is to distribute assets of the ESTATE. Thus, the will would have to be probated in order to fulfill the terms of the will. If you know how to do this, you don't need a lawyer, but your question indicates a lack of expertise for which a lawyer would be helpful. Good Luck

Read more
Answered on 6/20/07, 11:31 am
Peter Bradie Bradie, Bradie & Bradie

Re: Do I need to have will probated

You must probate the will in order to be reimbursed for the funeral expenses. Then if there's anything left over form the tax lein you can make distribution.

Read more
Answered on 6/21/07, 10:15 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas