How can I give up my claim to my mother's estate?

Full question:

My mother died 5 years ago without a will; therefore, her home (paid for)is equally owned by myself and 9 siblings. I was appointed Independent Administrator of the estate (the house) by the court. I now wish to give up all claims to the home and property it sits on. What do I have to do to give my interest to the others and also cease my administratorship?

• Category: Wills and Estates
• Subcategory: Disclaimer of Property Interest
• Date: 04/07/2025
• State: Texas

Answer:

To give up your claim to the home and cease your role as Independent Administrator, you can follow these steps:

1. **Disclaim Your Interest**: Under Texas law, you can formally disclaim your interest in the property. This involves creating a written memorandum of disclaimer, which must be acknowledged before a notary public. This disclaimer must be filed in the appropriate probate court or with the county clerk, depending on the status of the estate (Tex. Prob. Code § 37A).

2. **Timing**: Ensure you file the disclaimer within nine months of your mother’s death, as this is the deadline for filing a disclaimer of a present interest. If you miss this deadline, the disclaimer may not be effective.

3. **Resign as Administrator**: To resign from your role as Independent Administrator, you need to file a written application with the court, along with a complete account of the estate. The court will schedule a hearing to review your application. If everything is in order, the court will approve your resignation (Tex. Prob. Code § 221).

4. **Final Steps**: After the court approves your resignation, ensure that any remaining assets of the estate are properly delivered to the rightful heirs.

By following these steps, you can effectively renounce your interest in the property and step down from your administrative duties.