Do i need an attorney to probate will ?

Asked almost 5 years ago - San Antonio, TX

My father died and i am named the executor in his will. I live in texas.
Does the will need to be probated and if so, do i need an attorney to do so.
He has no debt.

Attorney answers (3)

  1. Sammy Eugene Lucario Jr.

    Contributor Level 12

    Answered . In order to fully answer this question, more information is necessary. If there are sizable bank or retirement accounts plus a sizable amount of property, then you will likely need to probate the will. If the accounts are only worth $1,000 plus a house, it might not be worth the cost of probating the will. You could take care of the house by filing affidavit of heirships, or you could probate the will as a muniment of title. It really depends on the facts.

    Any information obtained at this site is not, nor is it intended to be, legal advice. Please consult an attorney for individual advice regarding your own situation.

  2. Edgardo Rafael Baez

    Contributor Level 18

    Answered . The will may need to be probated, depending on the size of the estate, and yes, you should contact a local attorney to help you.

  3. James P. Frederick

    Contributor Level 20

    Answered . There are not enough facts to answer your question completely. Did your father leave any assets titled in his name alone, with no beneficiaries named? If so, then probate MAY be necessary.

    There is a small estate proceeding available in Texas, if that was your father's state of residence at the time of his death. You can find more information on that at this link:
    http://smallestates.uslegal.com/affidavits-and-...

    If the value of the assets exceeds $50,000, then probate would likely be necessary. In that case, I would suggest that you at least consult with an attorney. It is possible to probate an estate without one but it can be tricky, if you have not handled an estate before, and there could be potential personal liability if there are other heirs. If you are the only heir, then that might change the answer, as long as you are patient and willing to put some time in learning about Texas probate laws.

    Best of luck to you!

    James Frederick

    ******************************************
    LEGAL DISCLAIMER
    Mr. Frederick is licensed to practice law in the State of Michigan and has offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration.
    I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer.
    Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.

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