My mom passed away a year ago and me and my 5 sisters dont know how to change my moms name and put it under 1 of our names. Or how do we sell the property?
If there is nothing in the estate but the house, you can file an affidavit of heirship and muniment of title without going through a true probate proceeding. You should consult a local probate attorney.
A declaration of heirship from a court is the only guaranteed solution. An affidavit of heirship nil works if a title company will accept it upon transfer. No guarantee that any title company will do that.
David Lloyd MerrillChapter 11 Bankruptcy AttorneyWest Palm Beach, FL ·
Speak to a local probate attorney as it would appear you will need to open a probate estate in order to transfer the deed -- but know that it will likely pass to all of you equally (with some tecnical exceptions available that your lawyer in Texas can explain). After that, you each can decide what you want to do in terms of assigning the deed to one sister.
Matthew Erik JohnsonBankruptcy AttorneySeattle, WA ·
You will need to have an attorney review the deed as it is now to see how the property is titled currently. If there are no limitations based on the review, a probate can be opened and a court order to change the title can be obtained. Alternately, you can be named as executor and list the property without changing title until a buyer is found.
I agree with my colleagues. There are potential probate alternatives available in Texas, however. So you really need to consult with a probate attorney to find out how best to proceed. You have already waited longer than you should have. Failure to re-title the property can have negative repercussions. For example, the insurance company may deny a claim if you have not reported the death and opened an estate. An attorney can help you get things in order, as soon as possible.
James Frederick
When there is no will the best plan is to get an affidavit of heir ship and a judgment declaring heir ship through the Bexar County Probate court. Such a judgment is accepted by the Title Company so you will be able to sell the property without trouble. It will be cheapest to do it now while your sisters are all alive. It becomes a huge problem if time goes by and one either cannot find an heir or there are many new heirs from a deceased sister to include.