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

Answers:

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.


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