If I just "file the will" with the court will I be done? Although Texas has great probate laws that make probating wills easy and relatively inexpensive. No, it isn't that easy. The purpose of probate is to provide an organized system for someone to take charge over the estate. If you could just "file the will" there would be no control and an identity thief could steal the estate. Creditors wouldn't know who to deal with. Title companies wouldn't know who had the right to sell the property.
Probate establishes a procedure, which is vastly simplified in Texas, to establish control over the estate while giving fair notice and procedure to heirs, beneficiaries and creditors. Probate shouldn't be expensive, but you do need an attorney. A very big plus is to have an attorney who does it often and knows each Court's procedures and requirements.
FYI, Lawyers don't earn a percentage of the estate and the Judge just earns his salary. Thankfully, some lawyers, like David Pyke of Pyke & Associates (www.dallasprobatelaw.com) probate wills at reasonable rates.
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