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Is It Always Necessary to Probate a Will in Texas?
It is necessary to probate a Will in Texas when the estate includes assets titled in the decedent’s name.
A person who dies typically has two classes of assets: probate assets and non-probate assets.
- Probate assets are property titled in the deceased person’s name.
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- Non-probate assets are assets that pass to beneficiaries pursuant to contract. One example of a non-probate asset is an insurance policy.
If the decedent designates a beneficiary, the proceeds of the insurance policy will pass to the beneficiary outside of probate.
For example, if the decedent owned a house in his name alone, that would be a probate asset.
Why is Probate Necessary?
The Texas Estates Code specifically says that Will is not effective to prove title to or the right to possession of any property disposed of by the Will until the Will is admitted to probate.
Having a Will that has not been probated will not give beneficiaries the right to access the decedent’s accounts, or sell the decedent’s property.
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