Dad died intestate in Texas in November. What documents are needed?

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Dad died intestate in Texas in November. What documents are needed?

Daddy had no outstanding debts. He owned a small property in Texas (his homestead on 4 1/3 acres). My sister, my two nephews (my brother pre-deceased Daddy), and I are the only heirs, and we are in agreement as to how to split things up. We are selling the property to my deceased brother’s wife. I used to type docs for an attorney, so want to do it myself if I can. What documents are needed, please? Probate as well as sale of property.

Asked on June 30, 2009 under Estate Planning, Texas

Answers:

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

Answered 11 years ago | Contributor

I am not admitted in Texas and I strongly urge you to get a lawyer to help you with all this, even if only on a consultation basis.  You are going to need to have someone appointed as fiduciary of your Father's estate in order to transfer the house.  For the Probate forms here is a site to look at:   http://www.texasprobate.com/forms/.  In New York you would use an Executor's Deed to transfer from the Estate to the new owner but how the property was held will make a difference on transfer.  You will need your Father's Death Certificate as well and possbly your Brothers.  Good luck.


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