What do I do if my mother passed without a Will?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What do I do if my mother passed without a Will?

My mother recently passed and I’m her only child. She no spouse and she had no Will. She left a house and a car, as well as a pet. What can I do to legally take

rights? I don’t have money for an attorney and I’m willing to do it myself.

Asked on November 12, 2018 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there is no spouse and no othe children, you inherit everything from her (house, car, pet; any savings; all the furniture; any jewlery; etc.), subject only to any mortgages or financing (e.g. if there is a mortgage on the house or loan on the car, it must be paid off). You will have to either probate the estate or use the small estate affidavit if the total value of everything is less than $75,000, but in either event, you can do this yourself. Go to the website of the probate court for your county; you will be able to find forms and instructions there.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption