My husband left everything to me and appointed me, as executor. Do I still have to pay an attorney to probate ?

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My husband left everything to me and appointed me, as executor. Do I still have to pay an attorney to probate ?

My husband died of cancer. His will was made a few years earlier. It’s signed,
witnessed and notarized. We have no minor children. I’m trying to avoid attorney
fees but I don’t know what to do next.

Asked on November 30, 2017 under Estate Planning, Texas

Answers:

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

Answered 3 years ago | Contributor

Without knowing the size of your husband's estate, the best answer I can give you is "it depends." 
If this is a small estate and you don't need any title transfers (i.e. for property or autos), then you are not required to probate the estate.  Not all small estates require probate.
If the estate is a bit larger, and mutliple titles are in his name that you need to transfer to your name...then you may need the probate.
Instead of just filing for a probate, I would suggest making a list of the items of the estate and then letting a probate atttorney review the estate.  Many attorneys will offer free or inexpensive consultations so that you will actually know what you need to do.


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