If my grandma passed away 26 years ago without a Will, how do I change the title to the house into my name?

UPDATED: Feb 26, 2016

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If my grandma passed away 26 years ago without a Will, how do I change the title to the house into my name?

I’ve lived here for 20 years, paid taxes, maintained the property, etc.

Asked on February 26, 2016 under Estate Planning, Texas


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

Answered 6 years ago | Contributor

It's past the statute of limitations to file a probate.... but you do need to 'clear the title.'  This means getting the paperwork lined up so that you are officially considered the owner.  You can file a basic suit to clear title or documents with the county clerk to assert adverse possession of the property.   Even though the name includes the word 'adverse', it's not a hostile allegation.  It basically means that because you have acted like the owner for so long that you should be officially declared the owner. 
To decide which route is best for your situation, arrange for a consultation with a real estate attorney.  Be sure to take copies of any current title documents when you visit with the attorney so that they can help you identify any other issues with clearing the title.

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