I have a will from my dad and it has almost been 4 yrs since he died. i cannot afford to have it probated. the will states that no action be taken in the probate court other than to admit this will to record. can i file the will somehow and avoid probate? the house i am trying to transfer the title into my name is only worth 19000 so it is a small estate. i am currently living in the house and i want to continue to live here and put the house in my name. but i have a will so i cant file small estate affidavit??
1 Answer from Attorneys
No. Texas Probate Code Sec. 138 covers small estate affidavits. You can't use a small estate affidavit is there is a will. If there are no estate debts, then you can use a summary proceeding called a "muniment of title" which should serve to clear title to the property. If you can't afford it, you might check with a local law school and see if a student attorney (with supervision from a professor) can assist you.
For more information, please visit our website:
Also, please read our disclaimer:
Related Questions & Answers
Does one will and testament null or void the previous Asked 10/18/13, 8:08 pm in United States Texas Probate, Trusts, Wills & Estates
If I have a Texas domestic partnership, what do I need to do to ensure my partner... Asked 10/17/13, 6:19 am in United States Texas Probate, Trusts, Wills & Estates
When a spouse dies how do u cash a check made out to the estate of the deceased Asked 10/15/13, 1:41 pm in United States Texas Probate, Trusts, Wills & Estates
I am a probate attorney in California and I have a client whose deceased husband... Asked 10/03/13, 11:26 am in United States Texas Probate, Trusts, Wills & Estates
My mother recently died. She had no debt and her only financial assets are in 2... Asked 9/25/13, 5:58 am in United States Texas Probate, Trusts, Wills & Estates