Do I need my children’s signature to sell or refinance house that is in mine and my deceased husband’s names, if he died without a Will?

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Do I need my children’s signature to sell or refinance house that is in mine and my deceased husband’s names, if he died without a Will?

I live in TX and my husband died without a Will. Our house is in both our names. If I sell or refinance the house, do I need my children’s signatures? Someone told me when one dies without a Will, 1/3 goes to wife, 2/3 to children. They told me I can’t do anything with the house without their consent. They are 22, 19 and 11.

Asked on August 6, 2011 Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sorry to hear about your husband.

The rules of intestate succession determine inheritance when a person dies without a Will.  Intestate means dying without a Will.  Under intestate succession, the entire estate goes to the surviving spouse.  So, you don't need your childrens' signatures.  If there had not been a surviving spouse, the estate would have been divided equally among your three children.

As the surviving spouse, you have inherited your husband's entire estate and can make decisions about the estate which includes the house, without consulting your children.


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