I often receive calls from surviving spouses wanting to know whether they need to file probate. Most of them are surprised to find that there is not a quick and easy answer to that question. There are many factors that must be considered. This is true whether or not the deceased spouse had a valid will.

If a will is valid and was written and signed properly, the probate case can go quite smoothly. The attorney will draft and file the probate case, appear with you at the hearing, and guide you in the post-hearing procedure of transferring and distributing assets and filing documents in the county property records, if necessary.

Therefore, "filing for Probate" does not always mean high legal fees and a long, drawn-out procedure. And there may even be situations where the traditional "probate action" isn't the best course to take.

Even if the decedent died without a will, there are ways to sort out the debts and assets.

The most common "complicated" situation that is seen is the one in which the decedent died without a will, was married at the time of death but had children from a previous marriage or relationship. The surviving spouse must then deal with his/her stepchildren (who s/he may not know or get along with). A probate attorney can assist by explaining the probate laws and helping negotiate a family settlement or agreement, which will preserve the assets of the estate for the beneficiaries, rather than using them for legal fees.

If your spouse owned anything that had a title (real estate, vehicles, equipment, boats) you should determine what legal action should be taken to transfer the title of the property to yourself or the inheriting heir.

In some cases, there may be unknown heirs, or heirs who cannot be found. The Texas Probate Code provides specific procedures for dealing with those situations.

In any event, you should determine what needs to be done with your spouse's estate and take the necessary action within 4 years of the date of death. A probate attorney can guide you through all of the steps that are necessary in your situation.