Legal Question in Wills and Trusts in Texas

probate of real property in texas

how do I remove my dead husband's name from property deed


Asked on 3/12/08, 3:16 pm

2 Answers from Attorneys

Kathryn Perales PMI Oil Tools

Re: probate of real property in texas

If he had a will, the will must be probated. If he didn't, then you might be able to take care of it with an Affidavit of Heirship, or you might have to open an administration.

His name will be removed through one of these procedures, but without knowing the family structure and/or contents of the will, I don't know whether the new owner will be you or other people.

You do need to consult with an attorney and provide him or her with many more details in order to answer this question.

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Answered on 3/12/08, 3:23 pm

Re: probate of real property in texas

It depends on several factors. Did your husband have a will? When did he die? Is the property separate or community? Are there children? Were they all by the marriage or are there step children? Is there any other property besides the house? Were there any estate debts?

The answers to these questions will determine which available avenue an attorney would use to remove his name from the property.

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Answered on 3/12/08, 3:53 pm


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