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Wills do not eliminate probate and estate administration needs

On Behalf of | May 11, 2017 | Probate & Estate Administration |

Many individuals may have limited knowledge when it comes to the probating of their estates. Some Texas residents may think that having a will allows their family to avoid the probate process, but that is not the case. While creating a last will and testament can make the probate and estate administration process go more smoothly, that document alone does not eliminate the need for court proceedings.

In order for a will to go into effect, the creator of the will (called the testator) must no longer be living, and the court must validate the document. The probate process allows for such validation, and the executor of the estate can then use the document to carry out the decedent’s final wishes. Without this validation, individuals cannot move forward with property division or other estate administration tasks. 

This information is not only important for the testator but also for his or her family. Surviving loved ones often take on the responsibility of handling the estate, and knowing when probate proceedings are necessary can help them understand what to expect. If a person has been named executor or personal representative, it can be especially important for him or her to have knowledge of the necessity of probate.

The steps associated with probate and estate administration are often necessary to ensure that an estate is addressed properly. Therefore, Texas residents wanting to plan their estates properly and individuals who have been named executors may want to gain more information on probate. Speaking with experienced attorneys can help concerned parties know what the process may entail.

Source:, “A will must be probated“, Randy Clinkscales, May 9, 2017