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.

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.

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Answered on 10/21/13, 9:12 pm


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