Houston, TX asked in Probate for Texas

Q: Does the executor of the will have to be the one to probate the will or can the beneficiaries get the will probated?

My mother in law passed and left house to my husband and her son but her son doesnt want the house but my husband does how do we get e everything in his name. No one has money for an attorney to probate the will.

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

A: If the person named as executor cannot serve, he can file an Affidavit of Executor Who Will Not Serve and the person named as alternate executor (or, if none, a beneficiary) can apply to probate the Will.

Although Texas probate can cost much less than most people imagine, it is possible to file an Affidavit of Indigency and obtain free legal representation through Volunteer Legal Services. Lawyer Referral Services also has a modest means program with discounted legal fees (you must still pay out of pocket costs such as court filing fees).

Ross F. Tew and Tammy Lyn Wincott agree with this answer

Ross F. Tew
Ross F. Tew
Answered
  • Probate Lawyer
  • Arlington, TX
  • Licensed in Texas

A: The first answer is correct. I would add that in the event the first named executor is deceased, incapacitated, or unwilling to sign an affidavit, an interested person, such as a child of the deceased person, has standing to file an application to probate the will or determine the heirs of the estate if there is no will.

Tammy Lyn Wincott agrees with this answer

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