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.
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 L. Wincott agree with this answer
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 L. Wincott agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
