Can I probate a house of my late husband w/o a will

UPDATED: Oct 1, 2022

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Can I probate a house of my late husband w/o a will

When my husband died we had been living in his deceased parents house. What can
be done to legally have the house put in my name? He never had the house put in
his name legally, but had lived there over 5 years when we married. We were
married 4 years. I have the paperwork showing his parents as the owners.

Asked on March 1, 2018 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss.  I urge you to seek legal help to sort this out.  First, was your Husband an only child or did he have siblings?  Was there a Will leaving the house to him?  These are questions that must be answered first.  If the title can be traced from his parents to your Husband then you have to probate his estate.  He died without a Will so called "intestate" and the intestacy statute in Texas will apply. If you have no children you will inherit the entire estate.  If you have children you will inherit a portion of the house, since it was not deeded to both of you as community property.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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