Q: My dad died 17 years ago. He did not have a will. And we have not probated his estate. Do we have to go to court to
Settle his estate. Or can we divide his land among ourselves. We live in Texas.
A: If he left a Will, you can probate his estate as a Muniment of Title, a cheaper proceeding which only transfers title to the land. If he did not leave a Will, all his heirs can sign an Affidavit of Heirship and, based on this, divide the land. Some title companies will accept this. The courts will not enforce it for another five years, giving people a chance to object.
A: You need to contact a local probate attorney who can review all of the facts and advise you as to your options. You will have to do something to legally divide the land. Technically, it is still owned by the estate of your father. Since you are dealing with real property, you want to make sure that whatever you do adequately protects the interests of the heirs and provides them with actual legal title to the property.
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