Answer

If there are any debts associated with the deceased, or they own any real property (land) or personal property (car, boats, etc.), it is best to go through probate. This will insure that accounts are settled and should end any attempts by creditors to collect if there are no monies. It also insures that there is clear title to any vehicles and property.

If you don't probate the estate, title to the property cannot transfer without a cloud on the title.

However, Texas has approved an "Affidavit of Facts Concerning the Identity of Heirs" designed to make the use of affidavits of heirship more commonplace. However, title companies do not have to accept the affidavits, and if they won't you'll have to probate the estate or file an alternate proceeding to establish the heirs of the deceased and to confirm title/remove cloud.

It is much easier to probate the estate and put this behind you.

Expert:	Adam Kirk
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Answered:	3/8/2009

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations