Houston, TX asked in Probate for Texas

Q: Stepmom and Dad passed away 8 months apart both with wills

My stepmom and dad passed away 8 months apart they both have wills. My stepmom’s will and dad’s will hasn’t gone through probate yet. Should both will be probated or only the one that passed away second?

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3 Lawyer Answers
Isaac Shutt
Isaac Shutt
Answered
  • Probate Lawyer
  • Richardson, TX
  • Licensed in Texas

A: Both need to be probated. The good news is that it's often less expensive to probate two wills at the same time. At our probate law office, we call it "piggyback probates"! The reason they both have to be done is because the first spouse's name needs to be removed from title so that everything is in the surviving spouse's name.

Nina Whitehurst agrees with this answer

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

A: Both must be submitted for probate.

Nina Whitehurst agrees with this answer

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: This cannot be answered with total certainty without reviewing both wills, both estates, and how each individual asset is titled. It is theoretically possible that you could have only one probate (for the second to die), but more likely than not you will have two probates.

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