How can you sell property when a Will wasn’t probated and the children won’t sign off?

UPDATED: Nov 19, 2011

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How can you sell property when a Will wasn’t probated and the children won’t sign off?

My dad died 15 years ago, leaving a trailer and lot to my mom, or to me (his stepchild) in the event of her passing. She tried to sell 2 years ago but couldn’t due to not probating the will and one son won’t return any communication. She died last week and left no Will nor any burial insurance. How can I sell this property to pay for her burial? I can’t afford a lawyer. I have both the title and my dad’s Will in my possession.

Asked on November 19, 2011 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your father passed with a Will and it was never probated leaving a trailer and a lot to your mother, you will need to probate his Will and file a petition with your county clerk's office to administer her estate through the intestacy laws of the state she passed away in.

Under each state's intestacy laws, the state per statute sets who gets what assets of a person who dies without a Will or trust in effect.

From what you have written, the process to do the probate and administration will take some time. If you need further help on the matter, your county bar association may be of assistance and possibly your county may have a legal aid program.


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