#Does a will have to be notarized in texas full#
Having said that – there may be cheaper alternatives to a full probate available (such as probating the will as a muniment of title) depending upon the nature of the estate assets and claims against the estate. For example, transferring title to real property will generally require some form of probate if held in the deceased’s name. Things to Consider Before You Decide Not to Probate a WillĪ primary consideration is whether there exists a need to probate the will that cannot be satisfied outside of the probate process. Perhaps the estate consists solely of personal property and the beneficiaries are in agreement regarding the distribution of the estate property. Perhaps the value of the estate compared to the costs of the probate process make probate prohibitively expensive.Īnother reason you might not probate a will is because of the nature of the estate. Some families or beneficiaries might prefer to keep such estate matters private.Īnother reason you may not wish to probate a will is a concern over costs. This includes the inventory, appraisement, and list of claims. One reason might be privacy – probating a will in court is a public matter meaning that most filings in the case as well as the contents of the will become public information. The fact is, there are a variety of very legitimate reasons why you may wish to avoid probating a will. This article is not about such bad actors and their reasons for not probating a will. There are always bad actors but that is a subject for a different post. Why You Might Not Want to Probate a WillĮveryone has heard horror stories of beneficiaries hiding wills when they are unhappy with the terms or disgruntled spouses doing the same. I should also note that in certain circumstances there may be a contractual relationship between beneficiaries that mandates probating a will as well. A court may also order someone in possession of a person’s will to turn that will over to the court or designated executor and failing to obey such a court order could lead to a contempt of court charge.
Having said that – there is a legal requirement to file a will with the county clerk upon learning of the passing of an individual. The short answer is no – there is generally no legal requirement to probate a will in the State of Texas.
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