Cedar Hill, TX asked in Real Estate Law and Probate for Texas

Q: Is it too late to have a will probated if the person passed away in 2012?

We are trying to sell a home and the home was passed to my family member through a will, but the will was not probated so we will need Heirship Affidavits for everyone, and if we have the will probated, we shouldn't have to go through the Heirship Affidavit process. This is what the title company is telling me.

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2 Lawyer Answers
Isaac Shutt
Isaac Shutt
  • Probate Lawyer
  • Richardson, TX
  • Licensed in Texas

A: The affidavit of heirship would actually probably be cheaper and faster.

So, you COULD probate the will, but it would cost thousands and take months.

I would probate the will if the people who would inherit under the will differ from the people who would inherit without a will.

John Cucci Jr. and Anthony M. Avery agree with this answer

John Cucci Jr.
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A: Mr. Shutt is right!

Probating that Will would cost you much more time and money than getting the Affidavits of heirship. That presumes that all siblings are on-board. If not, then probating the Will, may be your best move. If a sibling or heir is objecting to the sale, you should go see an attorney right-away.

Good Luck!

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