Legal Question in Wills and Trusts in Texas
Selling Property Before a Will is Probated
My husband passed away a few months ago. He had a will, and left everything to me except for a few personal items he left to his son and daughter. I understand I have up to 4 years to probate the will, but can I sell some of our community property (which he left to me) in order to pay some bills (i.e., car, boat) or does the will have to be probated first? Please help. Thank you.
1 Answer from Attorneys
Re: Selling Property Before a Will is Probated
You should be able to sell some property, but not property where his name is on the title, such as a car or boat. Insurance should go to you unless he named his estate as beneficiary. You have access to any bank, retirement, or savings accounts that were joint with right of survivorship (JTWROS) or named you as the beneficiary.
Unless he left a lot of debt, there's no advantage to postponing probate.
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