Legal Question in Wills and Trusts in Texas

who is the one who files a will with probate? is it the executor or is it the laywer who drew up the will?

is there a fee for filing probate. what are the reasons a will wouldn't be filed in probate court?


Asked on 5/13/10, 9:55 am

1 Answer from Attorneys

Mitsy Barajas The Law Office of Mitsy Barajas

The executor may hire an attorney to probate the estate. It does not have to be the same attorney that drew up the will. There is a filling fee of 234.00 to file in Harris County.

If the person died over 4 years ago, the executor must furnish the court a reason for failing to probate earlier. The code requires a will to be probated within 4 years after the death.

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Answered on 5/20/10, 1:41 pm


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