If I have a Will that is a fill-out and signed by my mother but not notarized or filed, if all kids are in agreement do I have to go through probate?

Asked on April 23, 2014 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) It doesn't matter if all the actual or potential heirs are in agreement--a will still must be probated.

2) While a will does not necessarily have to be filed to be valid and enforceable, it must have been witnesses, signed, and (often) notarized the correct way, in accordance with your state's law, to be valid; if it was not witnesses, signed, and notarized (if notarization is required) properly, it is not valid and will not be enforced. Compare the way the will was signed, witnesses, etc. to what your state requires for a proper will.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.