Legal Question in Wills and Trusts in Texas

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??

Asked on 10/21/13, 8:42 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.
0 users found helpful
0 attorneys agreed

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:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/

Read more
10/21/13, 9:12 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas

Looking for something else?

Get Free Legal Advice

88177 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now