Legal Question in Real Estate Law in Texas
How to go about selling parents home without a will
My parents died and left us with no wills, my sister and i are the only children they had. We would like to sell their home and don't know where to begin. Can you tell us how we could go about doing all this ourselves?
2 Answers from Attorneys
Re: How to go about selling parents home without a will
It all depends on the amount of the estate, and whether or not the estates had any debts. Also, the dates of death are important.
If there are no estate debts, and this is the only property in the estates, then you can clear title by means of an affidavit of heirship. You should also get a title company involved, in order to ensure that there are no other title issues or title defects with respect to the home. Feel free to call or email me if you would like to discuss this further.
Re: How to go about selling parents home without a will
If the estate is less than $50,000 you may file for small estate treatment in probate court. Depending on the judge a hearing may not be necessary. As suggested by the other reply, an affadavit of heirship also may be filed. However, sometime title companies will not accept these and you would have to file for an administration. You need a layer for this and it would cost up to $2000.00. The other forms you may be able to get on the internet or at the probate court. If you use a lawyer for the first two approched cited the cost would be about $500.00 plus filing fees of about 200.00 Larry Maun 713.266.2560
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