Legal Question in Wills and Trusts in Texas
Do you have to probate a will?
My brother and I are in the process of finalizing my fathers property and home by selling it, but he has recently had a stroke and we are not sure how long he has. My father has a will stipulating that upon his death, the property and sell of the home will be divided evenly. My brother is to get all contents of property on the outside, and I am to get all properties on the inside. My question is what if he dies before the sell of the property, how do we go about continuing the process, with the deeds and the sell of the home without getting an attorney involved.
1 Answer from Attorneys
Re: Do you have to probate a will?
There's nothing that says you must have an attorney to probate a will, although some judges take a very dim view of pro se applicants. If your father dies before the sale takes place, you'll have to enter his will in probate and get letters authorizing someone to sell the property on behalf of the estate.
You will very quickly find out why it's desirable to have an attorney handle things like that.
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