New Braunfels, TX asked in Probate for Texas

Q: If the deceased person leaves one child a house, does the house need to go to probate?

There are three children. Two of the children are surviving. The house/property was left to one child, there is no dispute. Does the house/property need to go to probate before it is sold? The deceased child leaves behind two children, are they entitled to anything?

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: From the description, it is not clear whether there was a Will. If there was a Will, it should be submitted to probate (proving). If not, an Application for Determination of Heirship, etc. or a Small Estate Affidavit should be filed with the court. Then a Distribution Deed can transfer the property. If there is a Will, the two living children and the two children of the deceased child inherit but can sign deeds gifting their share to the one child whom all the heirs agree should have it.

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