longhorn-ex
250+ Posts
Post deleted by longhorn-ex
Info Referral Needed? Austin Probate Atty. *DELETED*
- Thread starter longhorn-ex
- Start date
Longhorn EX, Sorry for your loss.
It has been a few years since I was actively doing probate, but here goes.
Yes, if there are no debts and there are no transactions to be conducted for which you would need executor authority, you can probate the will as a muniment of title to transfer the two tracts of real estate and the royalty interest. Also, if you Google "affidavit of heirship for a motor vehicle" you will find a TxDOT form for transfer of the vehicle without probate.
That leaves an $80 bank account. If it is JTROS or Pay on Death, it transfers automatically. If not, include the bank account info in the muniment application and order and the bank will likely accept it. If they don't and you and your sibs lose $80, you are still way ahead of where you would be paying for a traditional probate.
Once the muniment is done, you will need to send a certified copy to the O&G operator with your request for issuance of a new division order. Also, if both tracts of real estate are not in the county of probate, you will need to record a copy in the county where the other tract is located.
There are several possible venue options for probate, one of which is the county in which your father owned property. If either of the tracts of real estate is in Harris County, do the probate here. No one is going to show up at the hearing and object.
It has been a few years since I was actively doing probate, but here goes.
Yes, if there are no debts and there are no transactions to be conducted for which you would need executor authority, you can probate the will as a muniment of title to transfer the two tracts of real estate and the royalty interest. Also, if you Google "affidavit of heirship for a motor vehicle" you will find a TxDOT form for transfer of the vehicle without probate.
That leaves an $80 bank account. If it is JTROS or Pay on Death, it transfers automatically. If not, include the bank account info in the muniment application and order and the bank will likely accept it. If they don't and you and your sibs lose $80, you are still way ahead of where you would be paying for a traditional probate.
Once the muniment is done, you will need to send a certified copy to the O&G operator with your request for issuance of a new division order. Also, if both tracts of real estate are not in the county of probate, you will need to record a copy in the county where the other tract is located.
There are several possible venue options for probate, one of which is the county in which your father owned property. If either of the tracts of real estate is in Harris County, do the probate here. No one is going to show up at the hearing and object.
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