Legal Question in Wills and Trusts in Texas

Re: Does a Will have to be probated

I'm sorry to hear about your mother. As for your question, you need to have the will probated before you can begin handling estate affairs. However, if she had you listed as a beneficiary of a life insurance policy, you can begin the process to have it transferred immediately.

Re: Does a Will have to be probated

If you are on the account and it is a survivorship account or pay on death, the answer is no. Otherwise, you will need to file the will for probate, prove up the will in court, and obtain letters testamentary for your authorization to wind up the affairs. I normally charge $1,500 to represent the executor or administrator.

Re: Does a Will have to be probated

You need to have the Will probated, and get Letters Testamentary, before you can handle the estate's financial affairs.

The "probate" simply means proving up the validity of the will as a matter of law. The Letters are the legal authority for you to handle estate matters.