Legal Question in Wills and Trusts in Texas

Re: Wills and probate

You say he had a will. Why do you need a copy? A probate action is required to remove his name from the title so you can get your home equity loan. The only thing you did wrong (and you're not the first one) was to fail to probate the will. If you have the will, have it probated as a muniment of title. If you don't know how to do this, hire a lawyer. It's not that expensive if you want your home equity loan.

Re: Wills and probate

Do you have the original will? If so, you can file a summary probate action called a muniment of title. This is a quick probate action that tells a court that your husband has died, the will is valid, there are no estate debts (aside from the homestead) and there is no need to do anything other than put the house in your name. This is an inexpensive option. Please feel free to call or email if you wish to discuss this further.

Re: Wills and probate

Sometimes it is not necessary to probate. If this is the case, an affidavit of heirship may be sufficient. Check with your title company and check with its competition.