Humble, TX asked in Probate for Texas

Q: Mom dies with no will. What happens if no one probates?

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1 Lawyer Answer
Nancy Hui
Nancy Hui
  • Probate Lawyer
  • Pearland, TX
  • Licensed in Texas

A: I Supposed what you were asking is what will happen to her assets if her estate is not probated. If that is the case, it means that none of her assets can change hand. If she owns a house, the house will stay in the name of her estate. Same thing for money in her bank accounts, investment accounts etc. There is, however, an exception. If the assets are "non probate" assets, eg joint account with right of survivorship, or a IRA account with designated beneficary, then those assets can pass to the beneficiaries without the need for probate. As you can see, the end results can be quite different depending on the facts. To get your situation fully analyzed, you should consult an attorney.

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