Legal Question in Wills and Trusts in Texas

Is it necessary to have an attorney probate a will?

Is there a simple way to probate an uncontested will?

Is an attorney needed? If we can do it ourselves, where might we locate the needed forms?

My mother is financially suffering hardship and if there are low cost alternatives we would appreciate hearing about those as well. We have been quoted a fee that seems high? What is involved?

Thanks.


Asked on 2/16/01, 4:33 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

Re: Is it necessary to have an attorney probate a will?

Whether or not it is necessary depends on the facts of the case. Most cases, it is necessary, in order to clear title to real property or obtain access to bank accounts. If there are no debts, and the will is a fairly simple one, you may be able to do a summary procedure called a muniment of title. Those tend to be less cost than a full blown letters testamentary. If the executor(ix) is strapped for cash, then you may wish to seek reduced cost legal services from Legal Services of North Texas. Otherwise, you can check with the legal clinics at the law schools to see if they can offer help.

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Answered on 4/02/01, 11:31 am


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