What all do I have to do to probate a death cerificate in order to get the deed to a house?

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What all do I have to do to probate a death cerificate in order to get the deed to a house?

My grandfather passed away years back. My grandmother is giving me the house they own. We went to get the deed in my name the taxes are current. We were told to probate the death certificate to get the deed.

Asked on January 5, 2012 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss but you seem to have come in to some good fortune.  You need to seek legal help here from ana ttorney in your area.  Sme one needs to see the paperwork inviolved, including the deed to the property.  If the property was held jointly betwen your grandparents as husband and wife with rights of survivorship then it would have passed automatically upon his death to her.  Probate would not necessarily be required until she passes.  But it depends on your state law.  I think you should get some legal advice here and tax advice because it may be best to just add you to the deed with rights of survivorship.  Good luck.


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