If my son passed away a few months ago without a Will or other family, how do I become his sole beneficiary?

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If my son passed away a few months ago without a Will or other family, how do I become his sole beneficiary?

He never married and had no children.

Asked on June 16, 2015 under Estate Planning, Texas

Answers:

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

Answered 6 years ago | Contributor

You can do one of two things depending on the size of your son's estate.  If the estate was very small, you may be able to handle everything with affidavits of heirship.  If the estate had some value, some debts, or some title issues, then you would need to make an application for probate of his estate.  A probate attorney can help you with either matter.  Texas does have a statute of limitations for probate, so you do need to start consulting with an attorney to learn when and which options are availabe for handling your son's estate. 


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