Q: Does my will need to be probated?
I live in Texas, am single with 2 grown children and don't own a house. All I have is my personal & household possessions, a car with a clear title, and a small joint bank account (including savings) with one of my daughters. My life insurance and retirement both have a designated beneficiary. Does my will need to be probated?
A:
If there is a Will, it needs to be probated. Why? Because Wills get lost, people remember what they say differently, and a "Will" may not really be a Will.
But with the assets you describe, you may not want to have a Will at all. In Texas, if there is no Will and you leave no more than a home, up to $60,000 in household goods and personal effects, and no more than $75,000 in other property (such as a car and a bank account), your heirs can agree to pay any outstanding debts and divide the remainder according to the Texas laws of descent and distribution. They and two witnesses who will not inherit and who can state that they are the heirs and the only heirs must sign an Affidavit of Small Estate before a notary public and file it with the local probate court. The property must be specifically described, with the car's VIN, the name of the bank and last four digits of the account, etc. This form of probate does not require a hearing and is significantly cheaper and faster than probating a Will even if your heirs pay a lawyer to look over a form to make sure that they got everything right.
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