Legal Question in Wills and Trusts in Texas
How do I probate a will?
My mother died in 2001 and my father died in January 2004. I have a brother and a sister and no contesting of the will. The only thing that was left to us was the home that was paid for. My question is do we have to probate the will (a handwritten one) in order to sell the house? My sister is the executor and we just want to get this settled but haven't a clue where to start..
2 Answers from Attorneys
Re: How do I probate a will?
The first issue is who is presently listed on the title of the home? Both mother and father? If so, then you first need to clear mother's name off of the home, then you can worry about the father. Once that's done, you can remove father from the home by probating the will. If there are no debts (aside from a mortgage) then you can likely pursue a summary proceeding that will clear the title pursuant to the will.
Re: How do I probate a will?
You might be able to sell the house with an affidavit of heirship. If it's necessary to probate the will, I suggest you engage a lawyer since probating a holographic will is a little trickier than probating an attorney-drafted will.
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