Is there another way to probate a Will that is cheaper and does not get other people involved in the process?

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Is there another way to probate a Will that is cheaper and does not get other people involved in the process?

Asked on September 16, 2015 under Estate Planning, Texas

Answers:

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

Answered 5 years ago | Contributor

Not all estates need to be probated.  If the estate had very little value, then what is left can be handled with an affidavit of heirship.  This is basically a declaration that all the heirs agree as to what should happen with the estate. 
If the only assets passed directly, regardless of the will, then that will also negate the need for a probate.  For example, if the only asset was a house and the deceased's surviving spouse was on the same deed with "the right of survivorship", then the house would automatically pass to her--regardless of what the will provided for. 
 If you still aren't sure of which method is best for the situation you are trying to assist with, consult with a probate attorney.  They can assist with a probate if need... or draft the affidavits of heirship if appropriate.  If you can resolve the estate with the affidavits... then this is generally the cheapest and easiest way to resolve the estate.


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