Spring, TX asked in Real Estate Law and Estate Planning for Texas

Q: My mother passed away and left the house to my sister and me,we are the beneficiaries. We want to sell the house.

The will appoints my sister as executor. The deed is in my mother and father's name,both are deceased. All taxes and bills on the home are paid and current. Can we file for probate?

2 Lawyer Answers
Beth Ann Serafini-Smith
Beth Ann Serafini-Smith
Answered
  • Estate Planning Lawyer
  • Katy, TX
  • Licensed in Texas

A: Yes, you can file the Will for probate but there may be other probate options available to you, depending on any other property or assets that need transferred. I would recommend consulting with a probate attorney in your area to discuss the options available for you.

Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Yes. While the Will names your sister as Executor, she cannot act as such until a court appoints her and issues Letters Testamentary. Keep in mind that your father's estate must also be probated. If he died before your mother, probate (prove) his estate first.

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