Legal Question in Wills and Trusts in Texas

Father passed not leaving a will re: estate

My father passed away 2 years ago and did not leave a will. Is my mother automatically the owner of the house or does it go into probate? If in probate, what steps need to be taken in order to sell the house or transfer the title to me or my mother? This needs to be done, to purchase a smaller home closer to her daughters to enable care in her elder years.


Asked on 8/28/01, 1:32 pm

2 Answers from Attorneys

Re: Father passed not leaving a will re: estate

There may be a cloud on the title that would have to be removed prior to her selling the house. In other words, the titled owner may still be the husband or the husband and wife. If there are no estate debts, then you can clear this up rather easily by filing some paperwork in the county records office where the home is located.

I will need some specifics, though, so feel free to contact me if you wish to discuss this more.

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Answered on 9/17/01, 9:41 am
Peter Bradie Bradie, Bradie & Bradie

Re: Father passed not leaving a will re: estate

You or your mother would have to apply for a determination of heirship, in the probate courts of the county where your father resided.

Please take a look at our website, http://www.bradie-law.com. It has a lot of information about Texas probate, and what happens in the event of intestacy (no will).

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Answered on 9/17/01, 12:00 pm


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