My father passed away in February. I have his last will. He has appointed my brother and I to be the executor of his last will. The remainder of his estate is directed to my mother as 100%. What is the probate procedure? The only property my father has left behind is the house which is under his name currently. How would this be transferred over to my mother? What affidavit form(s) will I need to take to the probate court?
Answer
First of all you will probably need a lawyer to assist you with this especially if you are in a Texas County where there are statutory Probate Courts. In limited circumstances, a court may allow the heir to represent themselves, but this does not appear to be the case. The procedure is to file the will for probate, have a hearing, get the executor's appointed, the executors take an oath to serve, the executors then notify the beneficiaries who sign an affidavit that is filed in probate court, the executors prepare a list of assets of the estate (called and inventory) and file that with the court, the judge approves the inventory. After all that, the executors by way of an executors' deed convey the real estate to the beneficiary.
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