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My spouse passed away September 14, 2018. In her will I am the executor. I am also the primary beneficiary. She had all non-probate assets. This would seem to confirm that there is no need to open a probate file.
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A Will has no legal effect until a court admits it to probate.
A Will only governs probate assets, not assets which pass to a designated beneficiary (such as life insurance policies or 401ks), transfer on death (brokerage accounts), pay on death or joint with right of survivorship (bank accounts) or real estate for which there is a recorded Lady Bird or Transfer on Death Deed.
If this is all there is, it appears that your conclusion is correct: there is no need to probate the Will because there are no assets to be gathered, inventoried and distributed.
Please note, however, that the IRS and other creditors (except for the Texas Medicaid Estate Recovery Program) can collect from non-probate assets.
Answered on Dec 07th, 2018 at 5:05 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.