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Do I need to probate a will?

Red Oak, TX |

mom left house to her 3 kids, never been probated, all agree to sell it and divide monies. Do we need to probate will? If so how much?

Attorney Answers 4

Posted

Yes you will have to probate the will. Call several forms for costs of probate but keep in mind that the lowest quote isn't necessarily the only criteria for hiring an attorney.

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Posted

Yes. Unless title co will take affidavit of heirship, probate us the cheapest and quickest solution. I would need more information to quote a fee but 1000 plus costs is a normal fee, no complications.

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14 lawyers agree

Posted

As Mr. Pyke points out, it may be simple. It may not. More facts are needed.

John Zgourides
www.zgourides.com

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

You might be able to get an attorney to draw an affidavit of heirship. Go over facts, with the attorney and that may be all that is needed.

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3 comments

Celia R Reed

Celia R Reed

Posted

I don't practice in Texas, but I thought the affidavit of heirship can only be used where there is no will. Do you know who decides whether it will work when there is a will?

Cheryl Rivera Smith

Cheryl Rivera Smith

Posted

It can be used as a will substitution. Other heirs would decide if there is an objection to using it. The will could also be filed as a muniment of title, but that process is only a little less cumbersome as going through a full-blown probate.

Celia R Reed

Celia R Reed

Posted

Thanks. I appreciate the explanation!

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