Legal Question in Wills and Trusts in Texas

my mom passed away recently leaving us the house and royalty check to be divided amoung nine children, we agree to sell house and divide equally. checked with the royalty company and asked what we needed to do as far as the royalty check and they stated we need copy of death certificate and a copy of probated will. I'm not understanding what a copy of probated will is and how do we go about getting it, is it going to tie us up from selling the house.


Asked on 7/11/11, 9:10 am

1 Answer from Attorneys

If your mom had a will, then we need to take it to the local probate court and have it proved up. If your mom did not make a will before she died, then we would need to do an alternate procedure in probate court. This is to prove to a court that your mother is deceased, and that the people claiming to be her heirs are in fact the heirs.

Feel free to call me if you wish to discuss this further.

Dave

214-696-0021

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Answered on 7/11/11, 9:54 am


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