In Texas, with a properly drafted will, probate in neither time consuming
nor expensive
Why should the will be probated
It isn't possible, in most cases, to wrap up a decedent's estate without
probating the will. By probating the will, the executor
is
given authority to act in place of the decedent, to sell the decedent's
property, and to distribute it.
Even if all of the beneficiaries agree how to distribute and sell
the decedent's assets, they will not be able to close mutual funds, sell real
estate, or gain access to bank accounts without someone being appointed
executor.
What does probating a will cost?
The court costs paid to the County are usually $191 in Dallas County
The legal fees depend on who you hire. The law offices of David M.
Pyke will probate most wills for $600 (if the will is self-proving and
excluding any expenses related to preparing and filing an inventory)
Is anything else necessary to finalize the estate?
Most of the work of the estate is done by the executor without the
assistance of a lawyer or interference from the court. The executor can
hire accountants and lawyers to represent him to aid and advise him.
Legal advice is often sought in selling real property or settling any claims
against the estate. An accountant is usually needed to prepare final tax
returns for the decedent.
When should I probate the will?
As soon as you can. The quicker you begin the process, the quicker
the executor will have the authority to begin to wrap up the
estate.
If you need access to bank accounts to pay expenses and debts, you need to
move quickly.
You can't probate a will, without additional expense, after four years after
the decedent's death. So, waiting isn't a good idea.
