Is it required to file a Will in probate court if children are involved?

I called the court but nothing has been filed.

Asked on August 25, 2015 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Any heir or potential heir can seek the probate of a will....however, wills are not required to be automatically probated.  If everyone agrees how the estate should be divided and the estate is not very large, then the estate may be resolved only with affidavits of heirship... which are significantly easier and cheaper than a full probate.

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