QUESTION
Will my house be subject to probate if I or my husband die without a will or living trust? Can the surviving spouse automatically receive full title ?
Asked on Jan 30th, 2016 on Wills and Probate - Texas
More details to this question:
We live in Texas and both own the house we live in outright. Do we need a will or living trust to avoid probate when one spouse dies? We want the surviving spouse to be able to retain the house without paying probate? Do we each need a will to give our half of the house we live in to the surviving spouse? Thankyou
1 ANSWER
Kevin Spencer
Yes, if the house is in your names Individually, then, upon each of your death, a probate will be required to transfer title to the house. You can transfer your house into an inter vivos (made during your lifetime) trust to avoid probate. A living trust is something different with a different purpose. Really, there is no reason to avoid probate in Texas. Our independent administration system is very efficient and easy, so, if avoiding probate is the motivation, I do not recommend it. If you die a resident of Hawaii, California, Oklahoma, New York or other states, then avoid probate at all costs; but, do not need to in Texas.
I recommend you write out a holographic (handwritten) will or hire an attorney to prepare a formal will for you, so you can get it executed properly.
Kevin Spencer
(214) 965-9999
www.spencerlawpc.com
Answered on Feb 09th, 2016 at 9:49 AM