Probate

Do I need to probate a will if it’s not be contested and the property is already be divided? Assets are less that 20K.

Asked on June 15, 2009 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Texas probate laws can be very confusing.  Whether or not you need to probate depends on the nature of the assets and how they are titled (in whose name are they held).  Although there is no law that a will be probated, you need to probate the estate to properly transfer title to any land or house.  If there is no debt, you can do a summary probate proceeding, called a muniment of title. This, plus what is known as a family settlement agreement, can be the least expensive method to settle the estate.  But you need to see an attorney in Texas for help.  You can look here at attorneypages.com for starters.


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