For example, if nothing is done to formally transfer the title from the deceased to the heirs or beneficiaries, then the home will not be able to go up for sale. What Happens if an Executor Refuses to Probate? Alternatively, you can decline to be the executor – if, for example, you don't have time or you're too unwell. Upon their death, this will is submitted to the Texas probate court for the county in which the deceased lived. Any assets owned solely by the decedent are subject to probate. As tenants in common, if you die, your share of the house goes to whoever is named in your will, but if you don’t have one, it’ll be distributed according to intestacy rules. If you own property with a spouse that survives after your death, the property is left to the spouse without going through probate. Some organisations may request a Grant of Probate to be provided before they release the assets. You can begin with a few basics, like changing the locks on the house. That’s always a great place to start if you don’t know for sure how many people have access to entry and, just because courts don’t allow people to clear a house before probate, doesn’t mean people will necessarily respect that. If you don’t probate a Will, then certain assets may not be properly transferred and may stay in the name of the deceased. It’s not uncommon for wills to be written years before a person dies. Read The Balance's editorial policies. What happens if executors don't follow a will? They may try to prove that the person wasn’t mentally sound when they made up the will, especially if there had been an earlier will. What Happens If You Don’t Want Your Inheritance… What if I don’t want my inheritance? If you did not open a probate estate, then you could not legally sell a home, rent it out, or live in it. But it really helps if you have a will – here’s why. Reviewed by . What Happens If You Don’t Apply For Probate? When someone has the intention to hide the assets for their financial gain, then criminal liabilities could occur for them. What Happens if You Don’t Probate the Will? If the terms of the will aren’t followed, action can be taken against problem executors. So the worst case scenario probably won’t happen, but if you want any say about who should get your property, you should make an estate plan. What Happens During the Probate Process? What Happens If You Don’t Probate a Will? The executor role requires calling in, collecting and distributing the deceased’s estate in accordance with their will. You, as an heir of your mother's estate, and potentially a benefiicary under the will, can initiate a probate proceeding by filing a petition for administration with the circuit court in the county in which your mother was a resident at the time of her death. What are the most typical executor issues? The steps of probate are similar, even if there is no will. If your loved one left behind a will, one of these steps will be to have the terms of his or her will executed through the probate process. 1) Penalties to Executor: If you fail to submit the will in the required time, it can create serious problems. Find out if you need to apply for probate to deal with the estate of someone who’s died. Some states follow the Uniform Probate Code, which allows a person to file a petition with the probate court to have the estate reopened. Filing a Will vs. When you create a living trust, all of your assets are legally held by a trustee. However, since the executor may die first or decide they don’t want the job, it’s best to probate a will beforehand. What Happens If You Don’t Probate a Will. What happens to my estate if I don’t make a will? So even if you do conduct a probate court proceeding for the estate, not everything will have to be included. You can also set up a bank account as payable on death to give someone access to the funds without probate. This process identifies heirs, pays final debts, and distributes property. This won't affect any entitlements you have as a beneficiary. Let’s assume we’re talking about your own will. If you don’t apply for Probate, and the person who died left a Will, then the beneficiaries may not be able to access some of the assets left to them in the Will. Believe it or not, people don’t always want to receive an inheritance. What Happens If A Will Is Not Probated In Texas? 4. Who does what in the process of probate? If you need to start probate for a loved one’s estate, Patrick and I will also have a free consultation with you to go over the probate process, so you can know what to expect. Common Assets That Go Through Probate. Probate Assets. 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