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My parents are both deceased and their names are on deed to a home in Texas How do i change deed in order to sell ?
Anonymous2 views3 answers
My brother and I would like to sell the home i was wondering how do we switch the deed to our names seeing that my parents are still on the deed. we would like to sell the home split the cost betwen us. my father left a will but not for that property in texas. i would like to do this as quckly as possible..any suggestions?
You need to open a probate of their estate so that the court can determine that you and your brother are the only legal heirs and that there are no creditors. After the court order you can sell the property.
You need to hire a probate attorney in your area.
The only way is to hire a probate attorney in Texas. The court then will determine if you and your brother are the appropriate owners and if so, transfer title to you. Then, you can sell. It is not instant but can be done.
Use the .com to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!
You will need to hire a lawyer in Texas, preferably in or near the county where the home is located, to determine the correct legal procedure to transfer the title over to you and your brother (or whoever the proper heirs are in your particular situation). There will need to be some sort of probate action filed for each of your parents. The appropriate type of probate action will depend on factors like whether or not there are creditors, the size of the estates, the number of beneficiaries, whether there is a trust involved, and whether your mother also had a will. Typically, in most Texas counties, it takes at least 30 days from the date you file the probate case until you obtain legal authority to close on a real estate sale. In emergency situations, we can speed up that process a little bit, but not very much. If the situation is complicated, it could take many months before you can complete that sale. An experienced probate lawyer can make a huge difference in this regard.
