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If the father has left a valid will, the son needs to apply for probate (if required) in the appropriate court. A probate is a way of confirming the authenticity of the will legally. If there's no will, the son can apply for a succession certificate from the court.
If you don't have a will or a Transfer on Death Deed, your real estate must go through the probate court and your property will pass to your heirs ing to Texas law. Probate can be lengthy and expensive, with attorney fees and court costs paid from your estate.
In our example, if the husband had a will then the house would pass to whomever is to receive his assets pursuant to that will. That may very well be his wife, even if her name is not on the title. If he dies without a will, state laws will determine who is entitled to the home.
Lack of Resources To Pay Final Expenses A significant downfall with relying upon TOD or POD account registration to administer your assets upon death is that there might not be remaining assets in your estate to cover such expenses.
What Is the Difference Between TOD and Beneficiary? A transfer on death is an instrument that transfers ownership of specific accounts and assets to someone. A beneficiary is someone that is named to receive something of value.