Legal Question in Wills and Trusts in Texas

My mother recently passed away leaving a small estate. In her will, the assets are to be divided equally between the four children. I am the executor and do not forsee any problems with the distribution. Do I still have to probate her will. There is real property that will be sold.


Asked on 2/01/12, 4:58 pm

1 Answer from Attorneys
Brian Thomas Burdette & Rice PLLC

Whether or not probate is necessary depends on a little more information, and it isn't always avoided just because beneficiaries cooperate with one another. In many cases, probate is necessary as a result of the type of assets involved, debts of the decedent, or the practicality of distributing assets -- like the proceeds of a house. There are several facts that must be considered, and you should at least contact a probate attorney near you to develop those areas a little bit more.

At a minimum, you'll likely need to deposit the Will with the County Clerk, regardless of whether or not you seek to have it admitted to probate. As the custodian of the document, Texas law says you're supposed to get it out of your hands.

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Answered on 2/01/12, 8:23 pm


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