Can I buy out my sister without a probate on my parents estate?

My father passed with no will and left real estate to me and my one sibling. I have to get a loan to buy out my sibling. Does the estate have to go through probate before either of us can buy each other out? I live in Texas.

Asked on April 8, 2017 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  If the deed of the house is still in your Father's name then generally speaking you will need to go through probate in order to be able to transfer the property.  Some states have laws that allow heirs to transfer property (when all there is is real property) without going through probate.  But it is best for you to speak with an attorney in your area on the matter.  Good luck to you. 

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