What process do I need to do to get my grandmothers estate if she died 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 process do I need to do to get my grandmothers estate if she died without a will?

My grandmother passed away in 2016 without a will and all the heirs are in agreement that I can take her land and house. I need to know what paper work I need to get set up so I can get it taken care of before the taxes eat it up and the process I need to go through to get it into my name. Someone mentioned doing affidavit of heir-ship and having my brother, father and uncle sign it agreeing the estate should be given to me and take that to probate court. Is this correct or is there other steps I need to take?

Asked on October 18, 2017 under Estate Planning, Texas


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

Answered 5 years ago | Contributor

Texas does recognize affidavits of heirship.  If everyone signs off, then you can effectively transfer assets for certain small estates.  If all of the heirs are in agreement, then this can be a very cost effective option to probate. 
The size of the estate and the liabilities of the estate will determine whether or not the estate needs to be probated.  If your mother did not leave a will, and the estate is a larger estate, then you may be required to file a probate as an intestate probate, meaning one without a will.
To know for sure which way you can proceed, then arrange a consultation with a probate attorney to review the size of your grandmother's estate.  If the size is such that affidavits of heirship are appropriate, then the attorney can draw up the affidavits for you to submit to the heirs for their signature, thus eliminating the need for a probate.  From there, it's simply a matter of having the heirs sign the affidavits, returning them to the attorney, and then the attorney can file the affidavits with the county clerk (in the title records) since you will be conveying real property.  You could do the affidavits yourself, but I really recommend that you have an attorney draft the affidavits.  If the affidavits are not correctly drafted, then the transfer will not be effective to transfer ownership. 

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