QUESTION

Do I have to probate my Father's Will?

Asked on May 01st, 2014 on Wills and Probate - Texas
More details to this question:
I'm the Executor and Heir of 50% with 2 nieces getting 25% each. I need to sell the house. Do I have to transfer ownership to us or can it go from my Father to a new owner ?
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1 ANSWER

Automobile Accidents Attorney serving Amarillo, TX at Russel L. Robinson
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I assume that your father's house is in his name only.  Other problems could exist if your mother's name or someone else's name is also on the deed. You indicate that you are the Executor of the will.  If you are named as Executor in the Will but have not started a probate you will need to open a probate.  If the Will is properly drafted the Will will give you the power to sell the property without Court intervention.  If the Will does not give you that power you will have to get the permission of the Court to make the sale.   That is a more difficult way to have to do it.  But it may be necessary.   Assuming you have the power under the Will, You, as Executor, have the authority to handle the sale without the joinder of the nieces.  Some title companies might require the nieces to join in signing the deed.  You might wish to discuss the matter with a title company rep.  I am sure they would get you started in the right direction.   If I can help further let me know.   Russel L. Robinson
Answered on May 02nd, 2014 at 3:48 PM

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