Legal Question in Wills and Trusts in Texas

Re: Sale of a home

First the heirs must be determined, and that may be a two-step process with first the estate of the first to die, then the second. Then the estate will require administration. This whole process is not something you can do by yourself. You will need an attorney that handles probate matters and that practices in the county where your in-laws lived.

Re: Sale of a home

There is a two-step process whenever someone dies without a will. The first step is to have a court determine who the lawful heirs are. Then you ask for the court to appoint an administrator to handle the estate and distribute the property to the heirs. Therefore, first you file an application and have a court hearing to prove up heirship with two witnesses. Then, once the judge appoints you as administrator, you determine the extent of all the debts and assets. You sell the house, pay the debts, including the funeral expense, and distribute the net proceeds to the heirs. It would have been simpler and less expensive if they had wills, but you can't change that now. It is important to accomplish the initial filing of the application before four years have expired since the date of death. The filing should be in the county where they lived, the county where they died, or the county where their principal property was located. If I can help, give me a call at 210-655-9090