Killeen, TX asked in Probate for Texas

Q: My husband died 16 years ago. A vacant lot paid for is in both our names. Our home still being paid for is also in both

our names. All the children are grown and out of the house. There was no will. How do I get the properties in my name?

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2 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: If your husband left a Will, you can still probate it to transfer title. If not, you should file an Affidavit of Heirship in the county deed records.

1 user found this answer helpful

Isaac Shutt
Isaac Shutt
Answered
  • Probate Lawyer
  • Richardson, TX
  • Licensed in Texas

A: In your questions, you state there was no will. So, you have two options. If you're going to hang on to the properties, the cheaper option is called an "affidavit of heirship." If you want to sell within the next five years or so, it might be better to do the title transfer the normal way, which is called a "determination of heirship." This second option is more ironclad, but you do have to have an attorney help you.

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