Legal Question in Wills and Trusts in Texas

Probate of a Will

My father recently died and left me his property in a will. I am the only child and the only heir to the estate. I want to sell the property but it is not in my name. Do I have to go through the added expense of probating the will in order to sell it .


Asked on 3/07/09, 5:36 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Probate of a Will

a prudent buyer will want yu to ge the titleholder..so yes

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Answered on 3/07/09, 7:16 pm

Re: Probate of a Will

It is possible to not probate the will under certain circumstances. How long ago did your father die? Were there estate debts? Are there other assets? Although it's possible to sell a homestead without probating the will, it may lead to problems later if other assets pop up. There are simpler probate procedures available if the estate has no debts.

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Answered on 3/07/09, 8:54 pm


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