Legal Question in Wills and Trusts in Texas
If I don't have a will probted what will happen ?
My grand mother died in October of 98. The will she left named my brother and I as co-owners to her property. The only thing she owned was a home, that maybe worth about 35,000.00. Should I have the will probated and, if I don't have the will probated what could happen to the property? She had three other grand children but they were not named in her will.
2 Answers from Attorneys
Re: If I don't have a will probted what will happen ?
You have four years from the date of death to probate that will. If not, then the statute of limitations will kick in, preventing you from probating it (unless you can demonstrate 'good cause' why you didn't.) If the will isn't probated, then the property will pass via the intestacy laws, most likely to your grandmother's children, even if they weren't mentioned in the will.
Since you are coming up close to the statute of limitations, get the will to a probate attorney as soon as possible. Assuming the estate has no debts, you can probably use a summary probate procedure called a muniment of title (MT for short) to clear title to the property.
Re: If I don't have a will probted what will happen ?
The property will ultimately be divided up among your grandmother's children, or her grandchildren if their parent is deceased.
Get the will pobated.
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