Legal Question in Real Estate Law in Texas

I'm sorry to hear about your father. The answer to your question depends on the following:

1. Was anyone else besides your father on title to the house.

2. Are there any other assets besides the house? (car, bank, other property)

3. Are there an debts?

4. Was your father involved in any legal disputes before he died?

In most cases, a small estate affidavit or heirship affidavit may suffice. For more complicated estates, or in cases where there is a dispute as to heirs, an application for administration may be in order.

Dave

http://leonlaw.com

If he has a surviving spouse who is not your mother and who is living in the home, she has a life estate in the house. If you are the only heir, you need to pay all debts of the estate, and the house can be sold using an affidavit of heirshep signed by 2 disinterested parties. An attorney or title company can help you through this process.