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FlaFountain

USA
3 Posts
Posted - 02/25/2004 :  09:32:11 AM  Show Profile  Reply with Quote
I am a Florida Real Estate Attorney. My step father died in Texas leaving a will with my sister and me named the beneficiaries. The only asset is his homestead real estate titled in his name. Equity in the property is only about $15,000.00. Unfortunately we did not record a JTWROS or life estate deed pior to death. Is there an abbreviated probate procedure in Texas to deal with such a situation? I have been told that no probate will be necessary to convey the property and that there is some sort of affidavit/recording the will process in Texas?

Thanks for any assistance or references..

billyrs

USA
9 Posts
Posted - 04/16/2004 :  08:36:30 AM  Show Profile  Reply with Quote
quote:
[i]Originally posted by FlaFountain[/i]
[br]I am a Florida Real Estate Attorney. My step father died in Texas leaving a will with my sister and me named the beneficiaries. The only asset is his homestead real estate titled in his name. Equity in the property is only about $15,000.00. Unfortunately we did not record a JTWROS or life estate deed pior to death. Is there an abbreviated probate procedure in Texas to deal with such a situation? I have been told that no probate will be necessary to convey the property and that there is some sort of affidavit/recording the will process in Texas?

Thanks for any assistance or references..


Since he diedd testate, the Texas settlement of estate by Small Estate Affidavit is not available. Howerever, title companies will generally insured a transfer based on evidence of heirship contained in Affidavits of Heirship. Whether you are going to sell the property in the near future or not, I suggest filing affidavits of heirship executed by the legal heirs and two disinterested persons who are familiar with his family history. There is a statutory form of this affidaivit that is available and the affidavits are recorded in the real property records of the counth where the property is located.

Billy R. Smith
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