Can we get the Will probated?

UPDATED: Oct 1, 2022

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Can we get the Will probated?

My husband’s father passed away. His stepmother never had the Will probated. Now he is being contacted by her saying he needs to sign the deed so she can get the house refinanced because she never probated the Will. He has always wondered why she never did. Can he get the Will probated? What are his legal options?

Asked on March 1, 2018 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss.  So this is a very complicated question and it would require a ton of additional information to be able to best guide you here.  I preface this with telling you that if all property was held jointly with his wife then ecerything passed to her automatically at the time of his death and probate would not be necessary. Was the property held as husband and wife with rights of survivorship? That matters and here it sounds like something is different or maybe the bank is requiring all potential beneficairies to sign.  Please take a copy of the Will and the request to an attorney to review and guide you.  Good luck.

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