Settling Estate

What is the name of your state (only U.S. law)? TX

I am the executor of my mothers estate. Her will went through probate earlier this year. I have since then been trying to sell her house but have been unsuccessful, and the cost of keeping it is growing each day. Do I need to go back through probate in order to be able to lease her house until the market improves or can I lease it without add'l court/attorney fees?
Thanks for any advice.What is the name of your state (only U.S. law)?

snickell77 said:

I am the executor of my mothers estate. Her will went through probate earlier this year. I have since then been trying to sell her house... Do I need to go back through probate...

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Your post is confusing.

Probate is a process with a beginning, a middle, and an end. The will is admitted to probate, an executor/personal representative appointed, legitimate creditors paid, and the remaining assets are distributed according to the provisions of the will (or by intestate succession if no will).

Where do you stand in that process? Who owns the house now?

The probate process is complete. All debts have been satisfied. The house was left to my brother and myself. It was stated during the probate process that the house would be sold and the amount received divided equally between us. Hence my question. Do I need to go back to the probate court and advise that I haven't been able to sell the house and would like to try to lease it to help with the upkeep expenses until the market turns. My brother and I are in agreement on whatever needs to be done. He lives out of town so I have been responsible for handling the sale and such. I have never had to deal with any of this stuff and really don't want to pay an attorney just to find out if I can lease it or not.

How is the house titled at this time?

I have not changed the title. It is still in my mothers name. I have the letters testamentary for when/if a sale is closed. If I do decide to lease the house then I will assume I need to have the title transfered to my brothers and my names.

I will defer to "anteater", but my first thought would be to get the title changed to yourself and brother. Then do as you please.

No need to defer, curb.

I'm not in Texas. (Just slept there once!) But know some bits and pieces about TX probate.

The statement that the "probate process is complete" is what is confusing. My understanding is that the executor does a final accounting, distributes the remaining assets and then presents the court with a petition for discharge. Until then, I don't know that one would refer to the process as "complete." (Unless the will was probated as a muniment of title. But, in that case, you would not have the letters.)

Did you have an attorney assisting you? I know that you don't want to spend more bucks, but that attorney would have the best idea of what has occurred.

It was stated during the probate process that the house would be sold and the amount received divided equally between us.

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Stated by whom? Did the will explicitly state that the property be sold? Or was it just a case of wanting to sell and receiving the court's permission to do so? If it was the latter, I don't want to sound too certain, but I would think that the court's order is only permissive and not mandatory (if all the other claims against the estate are taken care of).

And if it not being sold, I would think that you would want to distribute the property to you and your brother and get the estate closed. And, for that, I would think that you would want to have an attorney assist in preparing the deed.