If my grandmother died3 years agowith a Will that has yet to be probated, how can the property legally be sold?

UPDATED: Mar 10, 2012

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If my grandmother died3 years agowith a Will that has yet to be probated, how can the property legally be sold?

I’ve paid all taxes.

Asked on March 10, 2012 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  Even though the Will has not been probated is it possible that some one has had themselves appointed as the persoanl reppresentative of the estate - with out a Will - behind everyone's back? The property has to be sold with the signature of some one who is appointed as the fiduciary by the court.  It is transferred via Executor's Deed.  And you should get a set off for the taxes in certai circumstance (not enough info here to tell how that would work). Where is the Will?  You need to get it.  And a lawyer.  Good luck.

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