Telegraph, TX Estate Planning Law Firms & Lawyers

For a will to have effect on real property ownership in Texas, the will must be presented to a Texas probate court and probated in some fashion. No one is required to probate a will. If you have an original will to probate, you can offer it within 4 years of the death of your grandfather. After 4 years it might be admitted as a muniment of title, but formal administration is not an option. If your mother was your grandfather's only heir (heirs are determined by law , beneficiaries are designated in a will) and no will was presented for probate, full title of the property would pass to your mother. Your mother's interest in the property could have transfered in full to your father at her death. If you and your siblings want to sell the property, I'd make sure you have some ownership in it first.

If you are the personal representative, the lawyer helping you with the probate should explain your duties. Basically, they are to gather the estate assets, pay all legitimate debts, account for all expenditures, and after approval by the court pay/distribute the assets to the heirs. You should not make any distributions to yourself (or any other beneficiary) until approved by the court at the end of the probate.