Ann R. said:
What is the name of your state? TX
If you know the contents of the will and intend to follow the instructions in it, do you have to have it probated. We both had our will done and have copies of the drafts......I do not wish to have it done if not necessary.......
My response:
The best way to explain this is by way of example.
Let's assume that your husband has a bank account, a safety deposit box, a car, and a home, all in his name. He has now died, and you want to get into the bank account, the safety deposit box, sell the car, and sell the home. All of a sudden, you run into "brick walls" when the bank tells you "We can't give you access to the account or the box" and you can't sell the car or the house because they're not in your name. What do you do?
This is where probate comes in. Very, very simplistically, and assuming no other complications with the Estate, you will need to obtain Testamentary Letters from the Probate court. These "letters" are Orders, giving you the ownership authority you need to show the bank to get into the account and box, to show the DMV so that you can have the car placed into your name, and to file with the County Recorder to have the Deed to the house put into your name so you can sell the house.
There's much more to this, and you really should have a consultation with a Probate attorney to help guide you BEFORE a death occurs.
Good luck to you.
IAAL
