Do I Have To Probate The Will?

No.  There is no legal requirement to probate a Last Will & Testament in probate court, even if you are named executor (or executrix) in the Will.  If you have possession of a Last Will, you can merely hand it over to the local probate court without probating the Will.

When Would You NOT Want To Probate A Last Will?

If there are very few assets in the deceased person’s estate, you may not have incentive enough to probate the Will.  For example, if your mother passed away with only a small bank account, it wouldn’t financially make sense to probate the Will because probate would cost more than the account is worth.

What If You Don’t Know If It’s Worth It To Probate The Will?

Call a probate attorney close to you for a free consultation.  The probate lawyer will give you the probate alternatives, probate costs, and tell y0u whether or not it makes sense to go to probate court.  Also, your free probate consultation will be much more useful if you bring a list of the assets, debts owed, and any important paperwork.

Clients are often surprised at how inexpensive probate court really is.  In Texas, the probate process is generally easy and inexpensive.  For example, sometimes people come to my office saying, “Mom’s Will named me as executor, but she only had $3,000 in a bank account.”  In that case, it is probably financially worth it to go ahead and probate–the executor would get a couple thousand dollars out of the estate, and it would probably only take a couple weeks.



Visit for more information on a will beneficiary, duties as a executor or executrix, if you need to probate the Will, when you can avoid probate in Texas, or how much probate costs, contact Richardson, Texas lawyer Isaac Shutt at

Shutt Law Firm’s office is conveniently located just north of Dallas, TX, near the intersection of highway 75 and Campbell Road in Richardson, TX.


You can also call Mr. Shutt at (214) 302-8197 for more information on the topic discussed in this article or to discuss a different legal matter. For existing clients, quick phone-calls and brief e-mails are always free at Shutt Law Firm PLLC. Please consider the Shutt Law Firm if you need letters testamentary, to know if you should probate a Last Will, how to probate in Texas, Last Will and Testament, or you need a probate lawyer in Dallas, Richardson, Plano, Allen, McKinney, Garland, Addison, TX or surrounding North Texas area.


DISCLAIMER: Nothing in this brief article constitutes legal advice. The information provided herein is merely provided in the spirit of education. If you have a legal question, you should consult an attorney for your specific legal situation. Further, nothing in this article shall be construed to have started an attorney-client relationship. No such relationship exists until both you and attorney Isaac Shutt sign an engagement letter with the Shutt Law Firm, PLLC.