If I have a Will prepared by a lawyer, do I have to go to the county courthouse to complete probate process?

Asked on May 28, 2016 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I'm not clear as to your situation. If it is your Will, you can deposit it with the probate court in your county for safekeeping; upon your death your executor can file it. If you are the executor of someone else's Will, then probate of the Will is not an absoute requirement. Probate is only required if there are assets in the decedent's name which do not pass by some other means, like joint ownership, TOD's, etc. There are also special procedures for small estates that require only an informal probate (faster/cheaper than a formal probate) or that avoid probate altogether. You should consult a local probate attorney to go over your situation in detail. You can also check online for further information.

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