Houston, TX asked in Probate for Texas

Q: My mom died in 2005. We could only find an unsigned will by her. Our father passed earlier

Will Was never probated.

Is there anything we can do after so many years to get the house deeded to the 1 sibling?

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: An unsigned Will is of no legal effect.

If there are two witnesses who would not inherit and who can testify as to the family composition, you might be able to file an Affidavit of Heirship in the deed records and then have all the other siblings deed their interests to the one. Please keep in mind that title insurance is not likely to be available for a year and that the courts will not enforce an Affidavit of Heirship until it has been of record for five years with no one complaining that it is incorrect.

If all that was left was the home, no more than $60,000 in personal goods and household effects, no more than $75,000 in other assets and no debt not secured by real estate, and all the heirs are willing, they can file an Affidavit of Small Estate promising to pay any debts and to divide the property according to the Texas Laws of Descent and Distribution. Then, once again, all the other siblings can deed their interests to the one.

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