Legal Question in Wills and Trusts in Texas
Alternatives to probate will
A friend's mother died recently and left a simple will leaving everything to her husband. The only thing she had that was not joint ownership with her husband was a 10 year old car (not worth much) that was titled in her name only. The tax assessor said to bring in the probate so the name on the registration and title can be changed. It costs over $1000 to probate a will from what I understand and (I think) there is no need to do so in the first place in this case since she owned no property in her own name (except this car). It can't be worth much more than $1000 as is. Everything else is in the name of MR and MRS such as the house, bank accounts, etc. Is there a way to get the auto title in the widower's name without having to probate the whole will?
2 Answers from Attorneys
Re: Alternatives to probate will
Check with DMV for an Affidavit of Heirship. But that may not solve all the problems to avoid probating the will.
Re: Alternatives to probate will
Just because property is held in joint ownership doesn't mean that title will transfer immediately upon death. That's particularly true with real estate. Whether the will can be probated as muniment of title, or if administration is required, is determined by whether there are debts of the decedent's estate that need to be paid.
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