My husband left everything to me and appointed me, as executor. Do I still have to pay an attorney to probate ?

UPDATED: Oct 1, 2022

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My husband left everything to me and appointed me, as executor. Do I still have to pay an attorney to probate ?

My husband died of cancer. His will was made a few years earlier. It’s signed,
witnessed and notarized. We have no minor children. I’m trying to avoid attorney
fees but I don’t know what to do next.

Asked on November 30, 2017 under Estate Planning, Texas


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

Answered 5 years ago | Contributor

Without knowing the size of your husband's estate, the best answer I can give you is "it depends." 
If this is a small estate and you don't need any title transfers (i.e. for property or autos), then you are not required to probate the estate.  Not all small estates require probate.
If the estate is a bit larger, and mutliple titles are in his name that you need to transfer to your name...then you may need the probate.
Instead of just filing for a probate, I would suggest making a list of the items of the estate and then letting a probate atttorney review the estate.  Many attorneys will offer free or inexpensive consultations so that you will actually know what you need to do.

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 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.

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