Asked in Probate for Texas

Q: My Father died in Feb, 2016. He had a will. My mom is the beneficiary. She wants to sell the home. Both are on the deed.

Does my Dad's Will need to be probated? She wants to close the sale of the home in Feb 2021.

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

A: A Will has no legal effect until a court admits it to probate (proving that the Will is the Will of the person who died.) Probate is necessary to transfer your father's 50% community property interest in the home to your mother. Then she will have a 100% ownership interest and can sell the home. Contact a probate attorney who practices in the county in which your father lived and died.

Teri A. Walter agrees with this answer

1 user found this answer helpful

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