Beeville, TX asked in Estate Planning, Probate and Real Estate Law for Texas

Q: How can I get the property transferred into my name without a will or going through probate?

In 2017 both of my parents passed away, my mother owned a portion of the 2 acres located in Texas where she lived until her death, while my uncle in California owned the rest. After the passing of my mother, the entirety of the estate went to my uncle, (Still under his name) couple of months later he died, neither had left a will, so the property was divided by four of my mother's siblings, and 7 of her children (including myself), so 11 in total, her children got 1/35 of the land, while her siblings got 1/5. My Uncle left an inheritance from once was his current estate located in California that paid off all his debts and creditors, but the land never went into probate. The real property is estimated at $26,210. We have been running in circles on how to approach this the right way in order to get property in my name which was my mother's wishes. Me and brother are the only ones paying property taxes and maintaining the property. Almost all heirs agree that it should be in my name.

1 Lawyer Answer
Tammy Lyn Wincott
Tammy Lyn Wincott
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: If all heirs agree then there is a way to do it without it going to probate; however, it requires a great deal of detail and I suggest hiring a lawyer to help you.

Whether or not anything was probated in CA will also be important. Again, it's best to consult directly with a lawyer.

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