Legal Question in Real Estate Law in Texas

Re: Land willed to heirs

First, a will is considered an "ambulatory" instrument, and has only prospective effect. A will can be changed by the testator at any time prior to death (competency assumed).

Heirs come into existence upon the death of the testator. Until your grandfather dies, you are only a prospective heir. You have no recognized legal right to the land. What you have is called an "expectancy" or sometimes a "mere expectancy."

You will not be able to get your name on the deeds until your grandfather dies and the will is probated in the state where the corresponding parcel of land is located. Although I practice in California and do not know the specifics of probate practice in Texas or Oklahoma, presumably if you remain the heir you will get an executor's deed in your name at or near the conclusion of probate. If the land was in a living or testamentary trust the process would be somewhat different but you would still be in no position to assert any ownership rights in your own name including modifying the ownership records.

Re: Land willed to heirs

When your Grandfather dies, if he has a valid will and has named you as the recipient of the land in his will, you will receive a deed to the land from the executor of your Grandfather's estate.