If a will was never probated what happens

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If a will was never probated what happens

My mom got my grandmother house. The will was never
probated she hasn’t lived in the house. I lived here for
two yrs. Can I move my aunt in without my mom fighting
it. I need help financialy

Asked on August 7, 2016 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your mom is the only other heir and the house is not valued that high, then your mom can either decline her gift and let it pass to you or sign an affidavit of heirship letting is pass to you.  If there are other heirs , then the will controls and it may need to be probated so that the estate goes to the intended recipient.  If the house of a higher value, you may also be required to probate.  The statute of limitations has not run which means that there is still time to probate your grandmother's estate.   So... getting the house in your name via an agreement of the heirs or court action is your first step.
Once the house is awarded to you, you may have to follow-up with an eviction to get your aunt out if she refuses to vacate after the house is awarded to you.


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