Irving, TX asked in Probate for Texas

Q: Do you necessarily need to probate your will? What do it provide in your interest?

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2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: A will has no legal effect until a court accepts it for probate and issues letters testamentary.

Tammy L. Wincott agrees with this answer

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: A will is worthless until it is recognized by a probate court to be valid. A person named in the will to be executor cannot just start acting like one after the person dies; they must be approved through the Court in the probate process.

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