Do I have to have my Mother’s will probated in Texas?

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Do I have to have my Mother’s will probated in Texas?

I am my Mother’s ( just deceased) Legal Guardian and Executor. She has a will and her entire estate is worth approx $39k all in cash in a bank account. There is no real estate, insurance policies, investments, car or other posessions appart from about $500 in personal effects.

Asked on June 18, 2009 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A will is probated in the county where the deceased resided at the time of their death.  However, Texas has a simplified probate process for small estates.  To use it, an executor files a written request with the local probate court asking to use the simplified procedure.  The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

You can use the simplified small estate process in Texas if the value of the property doesn’t exceed what’s needed to pay the family allowance and certain creditors.  Tex. Prob. Code Ann. § 143. “Independent administration” is available, regardless of value of estate, if it’s requested in the will or if all inheritors agree to it.  Tex. Prob. Code Ann. § 145.

Call the probate court in the county of your mother's residence, they will be able to provide further help with this.


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