Legal Question in Wills and Trusts in Texas

a husband and wife owned property, or at least were named on a deed together. he died with a will, but it was never probated. it has been 12 years. they were never married to anyone else and do have grown children between them. do you have to do anything for the wife to take title to the property or it it just hers? do you have to file a new deed in her name? can she sell it without probating anything?


Asked on 2/19/10, 5:08 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

While by law it is hers, most buyers or title companies for lenders will require a probate for proving heirship..costs vary...but it would be wise to have it probated ..or she can sell and that is generally a requirement..call us if we can help

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Answered on 2/24/10, 6:57 pm
Cheryl Rivera Smith The Smith Law Firm

She can sell without probating. The title company should only require affidavits of heirships from the heirs at law and 2 disinterested 3rd parties.

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Answered on 2/25/10, 5:03 am


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