My granddad's aunt named him the executor of her will before she died. She owned two small plots of land in central Texas that technically still belong to her, but are in his care. Bills are addressed
"Dead Aunt c/o Granddad" He's been paying the taxes on the land since she died. He can't sell it because it doesn't belong to him and he doesn't want to stop paying taxes on it.

We need to get rid of it. What is the path of least resistance?

Mr. Popo said:

---

My granddad's aunt named him the executor of her will before she died. She owned two small plots of land in central Texas that technically still belong to her, but are in his care. Bills are addressed
"Dead Aunt c/o Granddad" He's been paying the taxes on the land since she died. He can't sell it because it doesn't belong to him and he doesn't want to stop paying taxes on it.

We need to get rid of it. What is the path of least resistance?

---

No, they belong to her heirs. Dead people can't own property. How long has she been deceased? If he really is the executor, that means the will has been probated and title has passed to whomever the will designated. But it sounds like the will has never been probated. In that case, he is not the executor, and depending on how long she has been deceased, it may be too late to probate the will.

Talk to a lawyer, have will probated. If she died with no money, and there are Bills (And if your granddad kept receipts of what he has paid, he may be able to be reimbursed by estate), the land will be sold at market value to fund estate (if not specifically willed). Bills will be paid, disbursements to heirs made, estate closed.

(At least here, I assume the process is fairly similar in Texas)

Actually, if the PR is on top of things and keeps good records, the process should be fairly quick and painless.

BQ75 said:

---

Mr. Popo said:

---

My granddad's aunt named him the executor of her will before she died. She owned two small plots of land in central Texas that technically still belong to her, but are in his care. Bills are addressed
"Dead Aunt c/o Granddad" He's been paying the taxes on the land since she died. He can't sell it because it doesn't belong to him and he doesn't want to stop paying taxes on it.

We need to get rid of it. What is the path of least resistance?

---

No, they belong to her heirs. Dead people can't own property. How long has she been deceased? If he really is the executor, that means the will has been probated and title has passed to whomever the will designated. But it sounds like the will has never been probated. In that case, he is not the executor, and depending on how long she has been deceased, it may be too late to probate the will.

---

My understanding is that regardless of if the time limit has passed, probate can (and has to) be opened for real property. We have opened and closed a few quickly that have passed the time limit to deed out land and minerals, and occasionally transfer titles of personal property. The only difference here is that we can skip publication.

I am of the understanding that in Texas if you do not probate the will it will be considered an intestate death and the land will be divided up among her legal heirs which are defined by the laws of the state.

AggieGunslinger said:

---

I am of the understanding that in Texas if you do not probate the will it will be considered an intestate death and the land will be divided up among her legal heirs which are defined by the laws of the state.

---

Correct, but it will still go through an intestate probate. Once a person dies, all property owned by them is essentially now owned by their estate. Their estate cannot divest itself of assets without a personal representative (executor). An intestate probate will name such executor.

A title company will require a certified copy of the letters of appointment on the sale of any property, and a deed of distribution (essentially a quit claim deed) will need to be filed with the court of record. (you will likely also need a FEIN for any of these transfers)


Again, not in Texas, so I cant say for certain, but I do know you will run into issues with the title company and potentially the courts if you try to transfer real property from the name of a deceased person without the proper court documents.

I am not an attorney and I don't offer legal advise but I do Google.

Muniment of Title

Muniment of Title is a legal document that shows evidence of ownership of an asset. Derived from the Latin word munimentum, it means written evidence of title to property. This includes deeds, wills, titles, or court judgments.

Heirs to an estate may file this type of action for the probate of the will by way of Muniment of Title. In this regard, the petitioner is asking the court to recognize them as the beneficiary of the properties in the estate and requesting the property titles be transferred to them. There is not a time limitation on filing as there is with regular probate.

This legal mechanism is unique to wills in Texas.

For more information.

Bill Robbins said:

---

I am not an attorney and I don't offer legal advise but I do Google.

Muniment of Title

Muniment of Title is a legal document that shows evidence of ownership of an asset. Derived from the Latin word munimentum, it means written evidence of title to property. This includes deeds, wills, titles, or court judgments.

Heirs to an estate may file this type of action for the probate of the will by way of Muniment of Title. In this regard, the petitioner is asking the court to recognize them as the beneficiary of the properties in the estate and requesting the property titles be transferred to them. There is not a time limitation on filing as there is with regular probate.

This legal mechanism is unique to wills in Texas.

For more information.

---

When I was in private practice, I did most all of my probate cases as muniments. This is still subject to the four year (I think) after death requirement. There is a procedure to file a will for probate after four years, but you have to have a good reason why it wasn't done within the four years.

When all else fails, most title companies will accept an affidavit of heirship which will vest title in the heirs as determined by the laws of intestacy. Then the heirs can sell.