Legal Question in Wills and Trusts in Texas
My wife's father recently passed away and he had a signed and notarized will in effect which left everything to my wife's mother (the surviving spouse). The will was signed and notarized but has not been thru probate. My wife's mother is now re-financing her house and the title company said that since the will has not been thru probate that she will have to complete an affidavit of heirship. From my reading on this subject since there is a will in place I don't think she needs to file this ffidavit...is that correct?
1 Answer from Attorneys
There's no such thing as a will being "in place." Until it has been admitted to probate, nobody knows what it is - a will, a grocery list, a personal letter, etc.
An affidavit of heirship is a simple form; go ahead and give it to the bank.
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