my mother passed in march... all monies were transfer w/out problems. she has a house that was left to me do i need to probate her will in order to get the house in my name and will there be any kind of inheritance tax ? rhonda mccumber of san antonio,tx
Thanks for your question and good afternoon.
You will need to make application for probate and to be named the personal representative(executor) of the estate.You will need a local probate lawyer to file your application for probate.The lawyer would help you with filing an inventory and completing the probate process.Texas does not have an inheritance tax that the heirs pay. There is no federal inheritance tax either.Texas does have an estate tax, but that is paid by the estate before any heir gets their bequest. Same thing for federal estate taxes. However, there are no estate taxes due on any estate unless the amount is over $5.12 million.
Once the will is admitted and the inventory filed and approved you would be able to proceed to sell the property and the probate lawyer would help you with closing.As the personal representative you would be able to deed the property then.
You can locate a probate lawyer here through the state bar.
http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
Probate is filed in the county where your mother deceased.And my sympathy for your loss of your mother.
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i do not want to sell the house just get it into my name can i deed the
You would have to file for probate and the lawyer wold prepare a deed from you as personal representative to yourself to transfer title.But you have to file for probate no way around it.
There has to be a probating of the will and have it admitted by the court.Only way you can proceed to get title in your name.Once you have title it is yours to do whatever you want with it.
property w/out going to probate?does this apply for a car as well or can iud
i just take will to transfer title in my name? what is the court cost for probat
The car here would be part of probate and once you are qualified as the personal representative you would then be able transfer title to the automobile to your name as well.
You have to file probate here.Just having the will is not enough.It has to be admitted to probate and you will need a local lawyer to help you complete it all.
Here is a list of fees for probate in Bexar County.They would be pretty close statewide
https://gov.propertyinfo.com/tx-bexar/ProbateFees.aspx
thanks for your help...if i have any other?? do i pay another fee?
No you only pay once here.Please rate me positively.It is much appreciated.
Good luck with probate.
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how do i find out how much taxes will be yearly since you can only claim 1 homestead/
The tax assessor can give you that figure for her property.MAIN OFFICE - DOWNTOWN Vista Verde Plaza Building 233 N. Pecos la Trinidad San Antonio TexasNNN-NN-NNNNbr/>(NNN) NNN-NNNN Tax Info(NNN) NNN-NNNN Motor Vehicle Mon - Fri 8:00 AM - 4:45 PM Wednesday only open to 6:45 PMRayAnswers41098.7412634607