Legal Question in Wills and Trusts in Texas
my uncle passed away & his only living heirs are his neices & nephews. He owned some property & money. Does an estate have to be opened to aquire the land & money? Or can affidavits be produced. He owed on the land & there is very little money. We would like to sale the land.
2 Answers from Attorneys
When you say the only heirs are nieces and nephews, I assume he was not married at time of death and or he left no will. If he was not married then you look at whether his parents are alive and if deceased then brothers and sisters are next in line but if deceased then nieces and nephews are next in line, of course assuming he had no children. You can do an administration ie die without a will or you can have a lawyer prepare an Affidavit of Heirship which is less expensive and it transfers interest in the property to the living heirs.
Affidavits of heirship should be sufficient.
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