Legal Question in Wills and Trusts in Texas

Probate, or not to Probate.

Our Dad passed in May. He had only a Missouri will. Everything goes to my Mother. Is it necessary to probate his will?


Asked on 8/08/12, 8:20 am

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Perhaps not...but have her call a lawyer in her area..most would advise at little or no fee..if real estate, she will need some probate to sell....if she is young, may remarry, may want to probate...she would benefit knowing the future effect

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Answered on 8/08/12, 9:10 am
Keith Engelke Law Office of S. Keith Engelke

Generally if you are are going to probate the will, it gets probated where your dad resided when he died. Whatever state the will was signed in, if the will complies with Texas Law, you can probate it in Texas. If your dad have real property it is a good idea to probate the will.

Some assets pass outside of probate in Texas such as certain contracts with a beneficiary designation. These would include Life Insurance, Retirement Accounts, and Bank Accounts with a POD designation. If these are all the assets your dad had in Texas, there is no need to probate the will.

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Answered on 8/08/12, 11:48 am


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