Austin, TX asked in Probate for Texas

Q: What next of kin can open probate on a property when owner dies intestate? How long is the process typically?

I'm a Realtor and a property nearby has been vacant for 2 years (owner passed). No will. No immediate family. I would like to contact next of kin to start probate process so I can sell the property for them.

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

A: Any heir or creditor can file an Application for Determination of Heirship and Issuance of Letters of Administration. It typically takes about three months to get to a hearing as all the heirs must be found and two people who can testify as to the decedent's marital and family history must be found, interviewed and agree to testify in court.

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