Spring Branch, TX asked in Probate for Texas

Q: My father recently passes. I have his will but need to have it probated, It is a pretty standard will.

Can u tell me which forms I need to fill out to take to probate office?

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1 Lawyer Answer
Terry Lynn Garrett
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Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: You cannot just fill out forms and take them to some hypothetical "probate office." You must hire a probate attorney to present an application, the Will and the death certificate to court for probate (proving), submit an Inventory for the court's approval, notify beneficiaries and known and unknown creditors, pay debts in a certain order and distribute the rest according to the Will. While you do need an attorney's guidance, if the Will provides for an independent executor to serve without bond and is properly drafted, signed and witness with a properly drafted, signed, witnessed and notarized self-proving affidavit, the process may be much less time consuming and expensive than you imagine.

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