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Do I Need an Attorney? Most Texas courts require a will's executor to be represented by an attorney when completing the probate process.

What Happens If You Never Go to Probate? If Probate is necessary but never established, beneficiaries will not receive their inheritance or assets. The assets of the deceased person will be held by the state and frozen as there are no legal beneficiaries of the assets.

What Happens If I Do Not Probate the Will? If you do not submit the will into probate or miss the filing deadline, the probate court will treat the decedent's will as if it never existed. Then, the decedent's property will eventually be distributed according to Texas intestate succession law.

4 Options for Avoiding Probate in Texas Revocable Living Trusts. Joint Ownership with a Right of Survivorship. Transfer on Death Deeds. Beneficiary Designations.

An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.

You may file an application to probate the will as a muniment of title in the county where the decedent lived. The court will issue an order admitting the will as a muniment of title if the estate qualifies. You can then use the will and the order to transfer the assets of the estate.

Probate is generally necessary for possessions that have a title or deed. If the decedent owned any real estate or other assets that did not name beneficiaries, then the will must be probated in order to transfer title to the beneficiaries as spelled out in the will.

Probate of Will/Appointment of Independent Executor Proceeding Application for Probate of Will and Issuance of Letters Testamentary (in WordPerfect format) Proof of Death and Other Facts (Probate Proceeding) (in WordPerfect format)

The Cost Of Probate With A Will In Texas, if the deceased had a Will providing for an independent administration, which is standard for lawyers to include in a Will, the cost of probate probably would range from $750 to $1,500 in attorneys' fees. Court costs are about $380 in Texas.

There is no general requirement that all wills go through probate in Texas. However, if the decedent dies and leaves a will, you can only implement its provisions through probate.