Must Wills go thru Probate Court?

What is the name of your state (only U.S. law)? Texas
I am the beneficiary of my fathers personal belongings in his will, which also states that the will should not go through Probate Court. Can the stipulation that his will not go to Probate court be legal? If it doesn't go through Probate Court, how do I get legally get my fathers personal belongings?

First, exactly what are Dad's total 'belongings' - jewelry, furniture, appliances, guns, cars, house, bank account, stocks, life insurance ??

Are you the only beneficiary ?


Sometimes probate is not necessary.

It depends on what the 'items' are, and whether they already have designated beneficiaries.

Dad can't change the laws of the state of Texas by stating there is to be no probate of the will (the will may be invalid if it was not executed properly, or for another reason, and you may have to open a probate case and the estate may be distributed as though Dad died without a will [intestate]).

Texas has an expedited, small estate probate, which is pretty simple (Tx is one of the least complex states regarding probate procedures).

Maybe you don't need Probate.

Do get about 10 certified copies of the death certificate (the funeral home should help provide).

There is an heirship form (at DPS website) to change ownership of a vehicle.
Check with Dad's bank regarding any bank accounts and whether they are POD accounts or joint.
Notify Social Security or any Retirement fund, of Dad's death and follow their instructions.

If Dad owned any real estate, bank accts without a beneficiary, stocks, bonds, etc., then probate IS necessary to transfer them to your name [or another beneficiary's name].

There won't be any Tx inheritance tax & it's unlikely you'd have to pay any federal inheritance tax.

Tax returns may be due on the estate, and a personal tax return for Dad.

Dad's debts should also be paid from estate funds - any debtor can open a probate case in order to have their debt paid.

Grandmaw said:

What is the name of your state (only U.S. law)? Texas
I am the beneficiary of my fathers personal belongings in his will, which also states that the will should not go through Probate Court. Can the stipulation that his will not go to Probate court be legal? If it doesn't go through Probate Court, how do I get legally get my fathers personal belongings?

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Re-read the will.

I doubt that it says what you think it says.

Post the exact language here.

Part One

Presently my Estate consists of my separate property and my undivided one-half interest in property which is community property of my wife and me which is herein sometimes called "community property". If my wife survives me, it is my intention to dispose by this Will of all of my separate property, and my interest in the community property, but not of any interest to my wife, ________, herein sometimes referred to as "my wife", in the community property. If my wife does not survive me, it is my intention to dispose by this Will of all of my property.

Part Two

I devise and bequeath my Estate as follows:

I give, devise and bequeath all of my jewelry to my daughter, ___________, if she survives me, but if she predeceases me, such property shall pass to my wife, _________, if she survives me, but if neither my said daughter or my wife survive me, then such property shall pass in accordance with the provisions of Paragraph 2.3 hereof.

I give, devise and bequeath all of the rest, residue and remainder of my Estate, herein sometimes call my "Residuary Estate", to my wife, ___________, if she survives me.


Probate portion of the will:

I direct that no action shall be had in any court of probate jurisdiction in the administration and settlement of my Estate other than the probate and recording of this Will ( and any Codicil hereto) and the return of any inventory, appraisal and list of claims of my Estate as required by law. My Executor shall be independent of the supervision and direction of the probate court to the full extent of permitted by law.

I am the daughter and the wife is my step mother.

Grandmaw said:

...
I direct that no action shall be had in any court of probate jurisdiction in the administration and settlement of my Estate other than the probate and recording of this Will ( and any Codicil hereto) and the return of any inventory, appraisal and list of claims of my Estate as required by law. My Executor shall be independent of the supervision and direction of the probate court to the full extent of permitted by law.
...

Click to expand...

This simply means that the will be independently administered. It still must go through probate court.

What is the time frame that the will should go to Probate Court?

Being a beneficiary, will I be notified in any way that the will is in Probate Court and then when will I be allowed by the court to take possession of the property?

Texas law allows for probate of a will up to 4 years after the date of death.

But probate does not happen by magic. Someone, normally the executor nominated by the will, must initiate the process.

Re-read garrula lingua's post above. Go to the Texas Bar's website to familiarize yourself:
State Bar of Texas | Administering an Estate and Probate

Obtain a few appointments with local attorneys experienced in probate - usually they will give you a free 15 - 30 minute initial consultation. But, be organized. Take the will and put together your best estimate of what your father owned and what he owed.