Legal Question in Wills and Trusts in Texas

Having a will sworn?

What is the difference in having a will filed, probated or sworn. I am the independent executrix and sole beneficary in my father's will and the only stamp on the will is a notary stamp. The will was prepared by a lawyer in Dallas in 1984, and I am unable to find the lawyer. He has property in Dallas and I live in Arizona. I do have the death certificate, and I need to know how and what I need to do to have him property changed to my name. My brother's are deceased and my stepsister has his last name, but his name is not on her birth certificate. Any help given will be appreciated.


Asked on 9/10/02, 8:46 pm

1 Answer from Attorneys

Re: Having a will sworn?

There are a few answers to your question. Some people 'file' wills for safe keeping with the county clerk's office. 'Probate' is the process by which the death of the testator and the testator's will is proven, and in some cases an executor appointed to manage the estate (collect estate assets, pay debts, and distribute assets.)

Now, to your objective. You want to clear title to the property in case. If you have an original will, you can probate that will in Texas (it's a little more difficult to do if you only have a copy.) If the deceased had no debts, then you can do a summary proceeding called a muniment of title (MT for short.) This is where we prove the existence of the will in court, prove that the person who wrote the will is deceased, and prove that there is no need for an estate administration. It's a fairly straightforward process.

Once an order is given by the court, the title to the property is cleared pursuant to the terms of the will, and you can do what you like with the property.

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Answered on 9/11/02, 1:02 am


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