Legal Question in Wills and Trusts in Texas

does a will have to be placed in probate in order for transfer of deeds to occur. also when a will is placed in probate shouldn't interested parties be notified of such before any type of transaction of deed transferrals occur. i always thought a will had to placed in probate and faimily memebers would have a chance to dispute a will i they chose to. i understand the executor has up to four years to probate a will. but what i don't understand before any type of transaction is done on land in another state, a will should be introduced into probate. am i correct. and if this is the case i along with my

other siblings were never notified of a will being in probate. is this legal.


Asked on 10/18/10, 4:23 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Upon death, property is transferred. If there is no will or no will is probated, the property goes to the heirs. If a will is probated property goes to the beneficiaries named under the will.

If there is real property in another state, and there is no will, the property passes according to the intestacy laws of the where the land is located. If there is a will, the laws of that state control. The will may have to be probated in that state or an authenticated copy of the will probated elsewhere may simply need to be recorded in the county where the land is located.

It sounds like you should consult a probate attorney in your area. You also may need to consult a lawyer who can practice in the state where the land is located.

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Answered on 10/23/10, 8:25 am


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