How do you probate a Will?

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How do you probate a Will?

Asked on June 17, 2015 under Estate Planning, Texas

Answers:

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

Answered 6 years ago | Contributor

You submit and application for probate to the court that handles probate matters in your county.  For most simple estates, it's a basic 2-3 page document with the will attached.  Depending on the size of the estate and the number of heirs, the judge may or may not require an accounting. 

Before you go to the expense of a probate, however, consult with a probate attorney.  Texas does allow some matters to be handled with what are called "affidavits of heirship."  This allows title to pass for small estates without the need of a probate.  It's also a much cheaper and easier process. 


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