Legal Question in Wills and Trusts in Texas
Probate will
To remove a deceased spouse from the home deed, the estate owes nothing and the house is paid for, the will left everything to the spouse, do you have to hire an attorney to go with you to probate and remove the deceased from the property or can it be done by going to the court house with the will, death certificate, the living spouses POA and the deed to the property. The spouse is 88 yrs old and in poor health and doesn't drive or go out of the house very often.
2 Answers from Attorneys
Re: Probate will
The spouse wouldn't necessarily have to go to court to accomplish your goals. The attorney could request someone else go to court in order to give testimony necessary to "prove up" the will. You don't have to have an attorney, but you should.
Re: Probate will
It isn't necessary for the surviving spouse to go to court. Someone will have testify to prove up the will. You will need an attorney since a non-attorney cannot act for the spouse in the action in probate.
Entering the will as muniment of title may be sufficient unless some property transfers require letters testamentary.
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