Do I have to Probate the Will?
Regardless of what you may be told by others, this is a question that only an attorney can answer after (i) a thorough review of the estate plan, and (ii) after having an understanding of your circumstances.
In our years of experience, we have found some cases where specific estate plans were effective to totally avoid probate.
There are other cases where the circumstances required only the simplest probate and others where probate was avoided all together.
How can this happen? Under Texas law, not all assets are subject to probate. Most of the time, this means that a probate can be made simpler and less expensive than you may think. There are exceptions, however, that can add to the complexity of administration, such as questionable beneficiary designations or third parties that don’t comply with requests for distributions.
The best thing that a person can do is to seek guidance from a professional. It may be easier than you think. At a minimum you should identify any problems that you may leave with your survivors and clear them away now.