Do I need to probate my spouse's will?

Posted by David Armstrong | Jan 10, 2022 | 0 Comments

Is Texas Probate Required? (when my spouse dies)

“Do I have to probate the will of my spouse?”   Texas attorneys all are asked this question.   The simple answer is ‘maybe'.    

You may not have to go through probate now.   IF You can continue to use the accounts, live in the house, pay the bills, pay any taxes, etc…  Your life, though more difficult without the deceased, will continue much as before.   However, because several of the things that you probably do have, including primarily those things that are titled (i.e. car, house…) will eventually need to be sold, refinanced, or used as collateral, whether by you or by your heirs, there will come a day the deceased's interest must be dealt with.   That process can be done now or can be left to your heirs/children.   Their situation will be more difficult if there have been more than 4 years that have passed since the death of your spouse.   In fact, you could very well face those same problems if more than four years have passed and you need to sell your car or your house that has someone else's name on title.  

In my opinion, for most couples, probating the will immediately is the better choice.

About the Author

David Armstrong

J.D. University of Houston, 1995


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Flat Fees/ Consultation

Call to discuss flat fee arrangements for uncontested matters.

One hour consultation ($200) for review of your case and advice.

Contact Me Today

Serving clients in Houston, North Houston, Northwest Houston, West Houston, Harris County, Klein, Cypress, Fairbanks, Champions, Willowbrook, Jersey Village, Hockley, Montgomery, Waller, Brazoria, Galveston, Fort Bend, Conroe, Tomball, Spring, Cypress, Hempstead, The Woodlands, and all areas of Southeast Texas.