If my husband died and did not leave a Will, how can I sell our house in order to buy a smaller one?

Asked on September 15, 2015 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you and your husband had a small estate and you both were on the title, then you can sell the house after obtaining an affidavit of heirship.  This is a simple affidavit or letter to the public that declares you are the surviving person on the title or that you are the only heir to the estate. 
If there are other heirs and you are not on the title, you may need the other heirs to waive their interest.  There are ways to avoid probate.  Talk to a probate and real estate attorney.  Either will more than likely have the forms that you need to make it happen.  As long as there is not a difficult heir, this should be a simple process.


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