This is an example of how most probates originate in my office — my client is trying to sell mom or dad’s house, and they have a real estate agent, a buyer, and an agreed upon contract.
But, then here comes the Title Company telling my client how they need to do probate.
This has to be done because when someone passes away in Texas that owns real estate, that is considered to be a break in the chain of title for Title Company purposes. Title Companies are in the business of selling title insurance that guarantees “clear title” to the purchaser, and they will not write the insurance policy unless there actually is clear title.
That is where probate comes in to save the day and enable the sale to move forward. Probate is necessary to clear up title to the house and must be done in some form or fashion before the house may be sold.
A lot of people think it is as easy as just getting a Deed to transfer the house of their deceased family member, but it is not that simple.