Legal Question in Wills and Trusts in Texas

Only house in estate

My mother in law passed a few months back. My wife is the executor. The will leaves a debt free home to my wife though she has siblings. There are no bank accounts or any outstanding debt. Can we probate this will ourselves? If so where do we start? If not what range of cost could I expect using an attorney?


Asked on 4/12/09, 6:59 am

2 Answers from Attorneys

Edgardo Baez The Baez Law Firm, P.C.

Re: Only house in estate

You can probate the will. File an application with the court and notice every sibling. Otherwise, an attorney can charge you for their time to do it for you.

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Answered on 4/13/09, 7:13 am

Re: Only house in estate

If there is no debt, and no other property, and the will wasn't "home made" (i.e. it fully complies with the law), then you may be able to do a summary proceeding called a muniment of title. I'd recommend using an attorney for this, as it would not be that expensive. Because you are dealing with something as expensive as a house, I would not recommend doing it yourself. The cost varies from county to county and attorney to attorney. I'd recommend interviewing a few attorneys to see which one you like best.

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Answered on 4/12/09, 9:43 am


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