Legal Question in Real Estate Law in Texas

Probating will

My father passed away in April and left a will, however, he and my mother only owned a home, which is titled in both their names. There is no debt. If I file an ''Affadavit of Heirship'' with the courts, is it necessary to probate the will also.

This is in the state of Texas, a community property state.


Asked on 7/16/09, 2:02 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Probating will

As long as he doesn't have any children outside of the marriage, it may not be necessary to probate the will.

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Answered on 7/17/09, 9:43 am


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