QUESTION

I am the executrix and only heir, in my mothers will, do i have to have an attorney to probate?

Asked on Jan 09th, 2013 on Estate Litigation - Texas
More details to this question:
We are in the state of Texas, she left two houses.
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1 ANSWER

Kevin Spencer
Yes, you need an attorney to probate the will.  Because an estate is a separate legal entity, you cannot to anything in the court system on its behalf, unless you are an attorney, because it would be considered the unauthorized practice of law. The good news is that you a Will of your mother, which makes things easier.  If your mother died with no debts, then you can probate the Will as a Muniment of Title, which, simply put, is to probate it for purposes of making it a title document.  You can then file the Will and Order probating it in the deeds records, which functions as a title transfer document allowing you to own and sell her two real estate properties as she could have if she was alive.  Neither of these types  of probate is very expensive, but it is recommended that you probate the Will  because title to the properties right now is the name of your mother's Estate and the Will is not binding to transfer title to you until it is probated. I hope this answers your question. Sincerely, Kevin Spencer www.spencerlawpc.com 
Answered on Jan 20th, 2013 at 5:26 PM

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