Do i need to get will probated if the estate is very small?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do i need to get will probated if the estate is very small?

My mom just passed. She had very little outside of her pensions as she was sick a long time and also disabled from a massive stroke. She required full-time caregiving for 9 years. The only thing left is a debt on her credit card for taxes of under $4000 from the home she use to own. Her only tangible asset was a 25% ownership in some land in another state. The property is still in my dad’s name as it is his family that owns the land. She never had it transferred but my brother and I are her heirs. My dad left everything to her when he passed over 10 years ago but I have been unable to locate his Will. Does her Will need to be probated and do I have to pay for an attorney? My husband and I have

already had to pay care givers at the end of her life, and her funeral expenses. My mom has resided in Texas her entire life.

Asked on March 5, 2018 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss and for ths situation as it was.  Texas, as other states so, allows for probate of small estates with a simpler process: a small estate affidavit.  However, the issue here is the real property.  Using the Small Estate Affidavit requires that the only real property transferred is the homestead property, and that is not the case here, correct?  You may need to fil a Probate Petition to be appointed for the purposes of transferring title to that other property.  I would, though, speak with a probate lawyer in your area as to the specifics.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption