Ask an Estate Law Question, Get an Answer ASAP!
Thanks for your question and good afternoon.It is possible here to file your application for probate of will as muiment of title, proof death, and order.You would prepare all of these leaving the case number XXXXX and file at once.Most probate courts in Texas want to see the proof of death and order ahead of time so filing it as one makes the most sense.You will also need to do this in person bringing in the original will separately and the clerk files all here.Once the notice is posted you can go on the probate courts non contested days and it is usually first come first serve and there will be a sign in list.Overall if you are pro se it is good that you let a few folks ahead of you so you can watch the proceedings for a bit.Each case is called, you are sworn in and court goes over your application and proof of death facts and hopefully amits will and signs order.Here are the forms to use for this in Texas, the application, proof of death, and order.
Application for Probate of Will as Muniment of Title
Proof of Death and Other Facts (Muniment Proceeding)
Order Admitting Will to Probate as a Muniment of Title
You may also choose to use a lawyer although it is not legally required.You can locate a probate /estate lawyer here.http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.
Here is more information about using a muniment of title here in Texas.http://bradie-law.com/practice-areas/probate-law/probate-as-muniment-of-title/It is used in situations where there is a will and a property and no debts or other assets and only a change of title is needed.Thanks again for letting me help you .
More reference for you here for forms..http://texasprobate.net/forms/
Again the application for muniment, proof of death, and order.You are also going to need a death certificate as well to file in probate file here.Thanks again for letting me provide you the information you asked for today and good luck to you..
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).