Dad died intestate in Texas in November. What documents are needed?
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Dad died intestate in Texas in November. What documents are needed?
Daddy had no outstanding debts. He owned a small property in Texas (his homestead on 4 1/3 acres). My sister, my two nephews (my brother pre-deceased Daddy), and I are the only heirs, and we are in agreement as to how to split things up. We are selling the property to my deceased brother’s wife. I used to type docs for an attorney, so want to do it myself if I can. What documents are needed, please? Probate as well as sale of property.
Asked on June 30, 2009 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I am not admitted in Texas and I strongly urge you to get a lawyer to help you with all this, even if only on a consultation basis. You are going to need to have someone appointed as fiduciary of your Father's estate in order to transfer the house. For the Probate forms here is a site to look at: http://www.texasprobate.com/forms/. In New York you would use an Executor's Deed to transfer from the Estate to the new owner but how the property was held will make a difference on transfer. You will need your Father's Death Certificate as well and possbly your Brothers. Good luck.
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