Antioch, CA asked in Probate for Texas

Q: mother passed away and had a will leaving home to me and my wife,but we aren't on the deed, what happens

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2 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: The person who has the Will should present it to the local probate court within 30 days after the death. This is often done by the executor. The executor hires a local probate lawyer to take the Will to the court clerk, file an application, efile various documents, notify creditors, etc. The executor attends a very brief hearing after which he or she is issued Letters Testamentary and can access the estate's assets, pay the final income and property taxes and other debts and then make distributions. Some attorneys file a copy of the Will and the Order admitting it to probate with the county clerk of the county where the property is located. Others file a Distribution Deed putting the deed in the name of the people who inherit it. Texas probate is much, much cheaper and generally much faster than California probate. You may be pleasantly surprised.

James Norman Willi agrees with this answer

Richard L. Shea
Richard L. Shea
Answered
  • Estate Planning Lawyer
  • The Woodlands, TX
  • Licensed in Texas

A: The Court will formally appoint an Executor when you open the probate case. The Executor will sign a distribution deed per the terms of the Will.

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