If my sister recently passed away, do I have to personally have to appear in probate court?

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If my sister recently passed away, do I have to personally have to appear in probate court?

I am the only surviving relative. She was never married and had no children. There are no bills; there are no creditors. A home is involved but it has no mortgage. I am the only beneficiary in the Will.

Asked on December 22, 2011 under Estate Planning, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your sister passed away and she has a Will naming you as the beneficiary of her estate and there is a home that is an asset of the estate, you need to carefully read the deed to it. If the property was in joint tenancy with someone else, there is no need to probate the home as an asset of the estate in that by operation of law, a joint tenancy of an asset has the asset going to the surviving person.

I suggest that you consult with an attorney who practices Wills and trust law about the current Will of your sister. Make sure that you bring the Will and the deed to the home with you to the meeting with him or her.


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