Hand Written will … probate or not … Texas

My husband passed away, he had a very short hand written will leaving everything to me as his wife … 4 adult children with no objection to his wishes. We have two vehicles, both in his name, approximately 64 acres with house in both of our names and bank account are joint with suvivor benefits. DOes the will have to be or need to be probated?

Asked on June 14, 2009 under Estate Planning, Texas


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT.  Becasue the the fights that family members have in connection with disputes over wills, i suggest that an estate is opened in the probate court and you have a hearing to have the will you have determined to be controlling.  You, as his, will then be in a position to get what you claim was given to you without any type of hardship as you could have been cut out of the will if your spouse wanted and you want you 4 adult children to rcognize the fact that you are the one that gets the assets in question.  Never leave anything up in the air no matter how unlikely it is for any thing to happen.

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