Legal Question in Wills and Trusts in Texas
My mother passed away in July 2009. I am her sole executor. She has a house that I need to sell. She doesn't have any other property. There are no other children. Just want to know how to go about getting the house sold so that I no longer have to pay taxes.
3 Answers from Attorneys
You have several options here. Some are relatively inexpensive if done correctly and all can be very expensive is not done correctly. You should talk to a qualified probate attorney.
if there are no debts (debts secured by real property don't count) then you can do a fairly inexpensive procedure called a muniment of title. This would clear title to the house. You can then just sell it as normal. If there are debts, then you can do a different procedure, called an application for letters which will allow you to administer the estate, sell the house, and pay off debts.
Dave
http://leonlaw.com
If you are the only heir-at-law, an affidavit of heirship is all that you need. Check with a title company to see what you need to do.