Fort Worth, TX asked in Estate Planning and Probate for Texas

Q: In our wills we both left our property to each other, if one of us dies will the other have to have the will probated?

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2 Lawyer Answers
Hunter Reed Sargent
Hunter Reed Sargent
  • Estate Planning Lawyer
  • Denton, TX
  • Licensed in Texas

A: In Texas, when a spouse dies and leaves their property to the surviving spouse in their will, it may still be necessary to go through the probate process.

Probate may be required for various reasons, such as transferring title to real property, dealing with bank accounts, or addressing other assets that were solely in the deceased spouse's name. However, certain assets can pass to the surviving spouse outside of probate through joint ownership with rights of survivorship or beneficiary designations on accounts like life insurance policies or retirement accounts.

Texas does offer some simplified probate procedures for smaller estates or when specific conditions are met, such as the independent administration of estates or the affidavit of heirship. These processes can make the probate process more straightforward and less time-consuming.

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