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Do I need a probate attorney?

Asked over 2 years ago - Frisco, TX

I only need to probate for title of my house (muniment). Both of our names are on the title. He passed away in April, 2008. Can I complete and file the forms in probate court myself or do I have to hire a lawyer in the state of Texas?

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James P. Frederick

Reputation Level 16

Answered over 2 years ago. Probate Attorney in Livonia, MI.

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Hello~
Your would need to provide more information before the question can be answered. You said that both of your names are on the title. If you are joint tenants with rights of survivorship, then title passes to you, automatically, upon the other person's death. If you are tenants in common, the share of the deceased would need to pass through probate. This can only be done by having a personal representative appointed by the court.

The key is the manner in which title is held.

James Frederick

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