If I’m the executrix of my mother’s Will, does it need to be filed or go into probate?
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If I’m the executrix of my mother’s Will, does it need to be filed or go into probate?
Her spouse is deceased and she left everything to her 4 children.
Asked on November 6, 2013 under Estate Planning, Washington
Answers:
Brook Miscoski / Hurr Law Office PC
Answered 11 years ago | Contributor
In Texas, the custodian of the will is required to probate the will after the testator's death. Whether the spouse is deceased etc. is not relevant. From a practical perspective, let's assume the will says "Everything in equal parts to the children." If they're all her birth/adoptive children, intestate succession is probably the same as the will; if they're not all her birth/adoptive children, intestate succession will be different. But even if there's no difference, the law is that the will must be probated.
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