If I’m the only child and my mother did not have a will, how do I get ownership of her home?

UPDATED: Feb 19, 2015

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If I’m the only child and my mother did not have a will, how do I get ownership of her home?

Asked on February 19, 2015 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There are 2 ways to go about getting your mother's house in your name. First, depending on the value of the home and whether or not there are other assets, you may be able to file for a small estate probate. This is essentially a simplified probate and taked less time to complete. If the estate is not eligible for such a procedure, then you will have to open up a formal probate and ask to be appointed�the personal representative. You can then get title to the house as the sole heir.

For more information, you can consult directly with a local probate attoreny , go the the probate court (in the county in which your mother was domiciled at her death) or go online to find out more (google the name of your mother's state and "small estate probate").

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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