Is a probate necessary? Texas

I do not know exactly why you are asking this question, but I assume you have a will of a decedent in your possession.  You ask if probating it is necessary and the answer is YES in order for it to be binding upon anyone.  It may be valid and, if so, it would be valid at the moment of death and would speak from the moment of death.  However, it is not binding on anyone because a Court has not signed an order saying that is the VALID Last Will & Testament of the decedent.  Once that is done it is binding upon the world.  If there is no need for an administration, then you can probate it as a muniment of title (meaning, as evidence of title), which would transfer title upon its probate, to all of the named beneficiaries.  A Will that is not probated is meaningless and serves no purpose.  You have to convert it to a meaningful legal document by having it probated by a court of proper jurisdiction. An Estate less than $700,000.00 is not insubstantial.  I would recommend spending a little to make sure title to such an Estate is properly transferred. Sincerely, Kevin Spencer www.spencerlawpc.com