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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54708
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My Mother passed away recently (my Dad predeceased her). She

Customer Question

My Mother passed away recently (my Dad predeceased her). She owns her home with no mortgage. My brother and I are co-executors of my Mom's will. Will a title company accept our signatures on the sale contract if we decide to sell the property without going through probate?
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, I have not.
JA: Is there anything else important you think the Real Estate Lawyer should know?
Customer: My Mom's Will is fairly simple and the home is the only property she owns. She also has no debt. For those reasons, my Brother and I were considering foregoing probate. Nothing else I can think of that would be important.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and connect you two.
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Richard replied 12 months ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

Could you provide me a bit more information? What is the value of the home? What is the value of your mom's entire estate? In what state is the home located? Thanks.

Customer: replied 12 months ago.
The home value will be approximately $100,000. The entire estate is approximately $200,000. (Including the home). The home is located in Texas.
Expert:  Richard replied 12 months ago.

Thanks for following up. If this were only the house, you could transfer title by doing an Affidavit of Heirship (http://www.comptroller.texas.gov/taxinfo/taxforms/53-111-a.pdf) without going through probate. But, given that there are other assets and the size of the estate, you will have to file the will for probate and be issued letters of testamentary showing your authority. This is for your protection as well as any title company or purchaser so that all involved parties have verification that the will was valid and that you two do have legal authority. Without this process, anyone could produce a will and claim they had authority. The good news for you is that Texas has a very simple probate process that is not only quick, but also inexpensive.

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