DeSoto, TX asked in Estate Planning, Probate and Real Estate Law for Texas

Q: How to transfer ownership of inherited property stated in will without probate in Texas?

My grandmother passed away and left me her home in her will, which directly states the house is mine, and there is no debt to the property. The will did not require probate. I am handling the transfer myself without any legal assistance. What steps do I need to take to transfer ownership of the house to my name?

1 Lawyer Answer

A: Wills do not have any legal effect until probated (validated by law). For 99% of cases, this seems absurd! However, laws are made for the 1% bad eggs--not the 99% good eggs. There are lots of fake, fraudulent "wills" out there, so the law requires probate to prevent those fake "wills" from having an effect.

You are technically able to probate a will as a muniment of title without a probate lawyer, but many judges don't even allow that.

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