Legal Question in Wills and Trusts in Texas

My father died in Dec. 08. His will left everything to me; I'm an only child. I have had no problem

with any of his other financial assets, because I was listed as beneficiary. However, I have run into a

snag with changing the name on the deed to his home.

I was told by the county clerk of the county where the property is located that I would have to

have the will probated before they could comply with my request.

Question: Can I just fill out some forms and submit the will, or will I need a lawyer and a

court appearance? What forms and where do I get them?

Thank you,

Randal Dawkins


Asked on 4/30/11, 9:21 am

1 Answer from Attorneys

Usually, when dealing with something as valuable as real property, it's better to have a lawyer do it. You don't want to make a costly title issue out of an otherwise simple transaction. There are two types of probate available (assuming four years haven't passed since the date of death.) You can make an application for letters testamentary or an application for probate as a muniment of title. There may be other options, depending on the circumstances as well.

Dave

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Answered on 4/30/11, 9:58 am


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