Is it necessary to probate a Will if the estate is worth less than 3K?

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Is it necessary to probate a Will if the estate is worth less than 3K?

My friend died with no family and left me as her executor. She only has personal objects and an old used vehicle. I wanted to pay her bills, do a title transfer to a buyer, etc, but do I need to probate the will to do this? Should I worry about some of her other friends who are in a frenzy to raid her personal effects?

Asked on January 23, 2012 under Estate Planning, Texas

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for your loss.  You are a very good friend to take this on.  You need to be appointed as the fiduciary of her estate to do any of the above and if she left a Will that would be the easiest way to do it.  It is evidence that you were her choice. Now, each state has what is known as a small estate proceeding and that is an easier proceeding to have to go through.  You will have the ability to take care of the frenzy once appointed. Otherwise youhave no power. Good luck.   


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