Is there another way to probate a Will that is cheaper and does not get other people involved in the process?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.