Q: My brother is executer of father's will. The will never went probate. In the will my father stated he wants the
House to go to me, my brother and my deceased brother's child. Can my brother sale house without probate? If will has to go thru probate is my signature required and signature of deceased brother's child? I believe he is trying to cut my neice out of the will. She is an adult and will fight if she knows what is happening. I do not want to be involved in any conflict.
A:
While in theory title to the house could be transferred by an Affidavit of Heirship recorded with the clerk of the county where the property is located, the Will should be probated. Texas Estates Code 252.201 requires that a person who possesses a Will turn it over to the court clerk when informed of the death. Secreting or destroying a Will is a criminal offense.
If someone is refusing to do this, asking them or hiring a lawyer to ask them to do this will inevitably put you in conflict with them, just as your concern about what is right is doing now. But this does not necessarily mean that you must be drawn into litigation.
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