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In probating a will, what steps are necessary to pass real estate to a beneficiary? Is it advisable to hire an attorney?

Austin, TX |

My uncle recently passed away. My aunt was named executor of his will, and she has probated the will under an independent administration, through the filing of an inventory. From what I understand, no other filings are typically needed. The will left everything to my aunt, including their home (both are named in the deed); also, my uncle had an undivided one-third interest in some unimproved real estate (hunting land), in his name. The will is probated in Texas, all property is in Texas. My aunt would obviously like to update the deeds. Is this something we should hire an attorney for? (Presumably we'd need two attorneys -- the hunting land is in a faraway county.) If so, what documentation will we need to give the attorney? If not, is there a good resource that would help us? And finally, should we close the independent administration once the real estate issues are settled?

Attorney Answers 1


Yes, the executor can issue an executor's deed to complete the change in the title. One attorney should be able to handle it, as you can file this by mailing. Whether or not to close the IA is a choice. Many attorneys choose to leave them open, in case of a subsequently discovered asset.

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