Expert Advice When You Need It Most

My mother died in 2008. She had a will, but it hasn't been probated. Do I have to probate her will?

My mother died in January 2008. I was her Durable Power of Attorney. She had no assets other than furniture and personal belongings. Debts are settled. Funeral is paid. My mother has oil and mineral rights for which I am receiving checks every few months--but I haven't file a Change of Ownership to have her royalties transferred to my brother and me. My brother (age 46) and I (age 42) are her heirs. Do I have to probate her will? Is it a legal requirement to do so? My mother resided in Oklahoma at her death. I live in Texas.

Save

Attorney answers (1)

Reputation Level 17
If you receive the royalties as a beneficiary resulting from non probate asset such as insurance then the answer is no, otherwise, in Texas, if the estate is less than $50,000 then there would be no need to probate the estate. If there are any disputes as to the assets, then you may want to have the court grant a dependant administration of the estate.
1 person marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now