Do I have to probate my mother's will? Bolton & Bolton Attorneys Tomball Texas

Probate accomplishes three basic ends. It transfers legal title to assets, such as real estate, it distributes property according to the wishes of the decedent, and it provides a vehicle for creditors to be paid. If there are no debts, and you are able to transfer legal title and distribute property without probating the will, there is no legal requirement that the will be probated. However, the will must still be filed with the court under Section 75 of the Texas Probate Code. There is no fee for this. Simply take the original will, and a copy of the death certificate to the county clerk and tell the clerk that you are filing the will under section 75. The clerk will take the will and provide you with a receipt.

If you know of someone who is refusing to file a will under section 75, you may have them served by a constable and called in front of a Judge to explain why they have not filed the will. If they continue to refuse to file the will, the Judge can order them to pay you all the costs of the suit, including attorney's fees, and order the person imprisoned until the will is filed.

A will which has been filed under Section 75 is public record, and anyone may obtain a copy from the county clerk.

Probating the estate of a loved one often gets harder, not easier, when it is delayed.
Posted by: Ruby Bolton
August 11, 2008

If you delay probating a will for too long, you can lose the ability to do so. And if there is no will, witnesses become harder to locate as time passes.

If you have any questions regarding this, or any other other legal topic, please contact our office at 281.351.7897.

Do I have to probate my mother's will?

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