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Updated almost 12 years ago on . Most recent reply

User Stats

102
Posts
13
Votes
Spencer I.
  • Investor
  • Houston, TX
13
Votes |
102
Posts

How to file will and begin probate process

Spencer I.
  • Investor
  • Houston, TX
Posted

I have an inherited property under contract, and the seller has the will which clearly gave her the property after her aunt's death. My question is, do we need a lawyer to probate the will, or can I file it myself? I already have a buye for the property, but it seems this process might take some time. Any insight will be greatly appreciated.

Most Popular Reply

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835
Posts
679
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Sharon Vornholt
  • Goshen, KY
679
Votes |
835
Posts
Sharon Vornholt
  • Goshen, KY
Replied

Spencer - You need an attorney.

If it was you that inherited the property, you could do the probate yourself after you the process was started through the court.That would typically involve an attorney telling you which steps to take next, while saving you the expense of the attorney doing it.

But this is a legal matter that belongs to the other person, not you. There may be a newer will, there may be other heirs, or there may be any number of other situations or problems that would come up. The title may not be clear. Your seller will need a piece of paper from the court that says "you may now sell the house". They can't sell it until then.

There are steps the executor/PR needs to take that are required by law. Once again, you are not an attorney. The cost to get an estate through probate is paid by the executor, not you so do it the right way.

Sharon

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