Legal Question in Real Estate Law in Texas

Re: Deed of trust

You have omitted a lot of information needed to answer this question.

Was the will probated as a muniment of title or was there an executor appointed?

Did he have a deed to the land that you mention?

Is the land located in the same county where the probate was filed?

A. If (1) the will was probated as a muniment of title, (2) your husband had the deed to the property, and (3) the land is situated in the county where the probate was filed, then there is a public record of transfer of title to you (i.e. the will and order of probate). Using the same assumptions, but with the land in a different county -- then you should record certified copies of the probate proceedings in the county where the land is located.

B. If there is an executor and the administration has not been closed, it may be desirable to get a deed from the executor. If the administration has been closed, then see A. above.

C. If he did not have a deed to the property, it may be a little more complicated, in which event, see A. and B above and D. below.

D. See a lawyer to cover these questions for you to make certain that everything is in proper order.