Legal Question in Wills and Trusts in Texas

My father past away on January 30th 2013. He has a last will & testiment. Do I need to get that probated? The will was drawn up in 1994. My mother is the executor, then myself (son), followed by my mother's brother. The Lawyer who my father used is now a judge in our county and his Firm is no longer in service. Thank you!


Asked on 2/13/13, 8:12 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

It depends. If he had no property that needs to be transferred under probate and all last bills have been paid, then no. If the terms of the will pass everything as it would without a will (intestate succession), then no, and affidavits of heirship may suffice. You should check with an attorney and discuss the specifics. It doesn't have to be the attorney who prepared the will.

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Answered on 3/25/13, 7:19 am


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