If my mother pasted away and left her property to me, do I have to probate her Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother pasted away and left her property to me, do I have to probate her Will?
It states if she passes all her property come’s to me. She only owned about 1 acre of land. There are no other children involved.
Asked on December 30, 2015 under Estate Planning, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
All of the property owned by a deceased at the time of their death is part of the estate and is subject to probate. The type of probate needed depends on the type of property involved and the state in which it is located. So while generally, it is necessary to go through probate before the deceased's property can be legally distributed, in the case of smaller estates less formal procedures are available.
TX has a procedure that permits heirs to skip probate when the value of all the estate assets is less than a specified amount. All an inheritor has to do is prepare an affidavit (i.e. short document), stating that they are entitled to a particular asset and sign it under oath. This is an out of court procedure that is available if there is no Will and the value of the entire estate, not including homestead and exempt property, is $50,000 or less. However, a probate judge must approve the affidavit. It can be used to transfer homestead but no other real estate (there is a 30-day waiting period).
Additionally, there is a simplified probate process for small estates in TX. It entails that the executor files a written request with the local probate court asking to use the procedure. The court may authorize the executor to distribute the assets without having to go through all of the formalities of a regular probate. You can use this simplified small estate process if the value of the property doesn't exceed what's needed to pay the family allowance and certain creditors.
What you can do now is to google the name of the appropriate county and the words "small estate - probate". You should find most of the information that you need there. if not contact the local probate court and/or consult directly with a probate attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.