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