Q: I am the Executor and heir to the decedent's estate in Texas. I have a Deed (unrecorded) to property. There is a will.
I am preparing to sell the property. I have two Heirship Affidavits. There are no other assets or debts for the decedent ( other than the property). There is one additional heir. Is the will required to be probated when there is a deed transferring title in my name and there are no other assets? Should the deed be recorded prior to the sale of the property?
A:
You cannot sell property you do not own. A recorded deed is evidence of ownership. If the deed is recorded before death, the property passes by deed, not by Will.
If the person granting the deed has already died, maybe the title company will advise you to record Affidavits of Heirship to transfer the property. But you may need to present the Will for probate.
Please note that the Texas Estates Code requires that a Will be presented for probate (proving) within 30 days following death. Administering an estate involves gathering all the decedent's property, paying all their debts and only then distributing property.
A: I'm a little unclear on your question. A will is not valid and you are not the Executor until the will has been entered for probate with a Court. A simple way to transfer property when there are no debts is to probate the will as a muniment of title. I suggest you contact a probate attorney in the appropriate jurisdiction.
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