General Question

robmandu's avatar

Is probate of the estate an optional process in the execution of a will?

Asked by robmandu (21285points) June 27th, 2008

Varies by state, I know. Texas is most relevant to me, but feel free to share your experiences.

Must probate always occur? Can some property be liquidated prior to probate as long as the cash goes to the heir(s)?

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7 Answers

kevbo's avatar

There’s a “non-probate” trend/movement/whatever happening since a few years ago. I believe it can be obviated by filing a “Transfer on Death” deed with your home county, which is what I did with my home. Google both terms and visit http://nonprobate.com (or something similar) for more info. As far as I know, it can’t be skipped after the fact.

scamp's avatar

My Mother set up some things in a trust for us before she died so we didn’t have to go through probate with those paticular things, so I would say that it is possible to avoid probate with advance planning.

kevbo's avatar

To clarify, my answer applies to homes only.

robmandu's avatar

Yah, I think y’all are both right… setting up a trust (and/or beneficiary deed) in advance is likely the best way to go these days.

Unfortunately, I’m past the in advance stage, though. :-\

scamp's avatar

Sorry for your loss rob.

perspicacious's avatar

No. The will must go through probate.

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