Full question:
Which deed is required if the owner of a property has expired, leaving no will, sister that lived w her has paid taxes since ind death. now wishes to put deed in her and her daughter's name. owner of prop has one daughter, again left no will. owner's sister took care of her, lived w her, lived in home & has paid prop taxes for 12 years. property is owned free and clear
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Texas
Answer:
When a person dies without a will, their assets go through the probate process. If there is no will, the court appoints an administrator to distribute the decedent's assets according to state intestacy laws.
In this case, since the property owner died intestate (without a will), the property will be distributed according to Texas intestacy laws. The owner's sister, who has lived in the home and paid property taxes, may have a claim to the property, but the owner's daughter is also an heir.
The sister may need to file a petition for probate to start the process. If the estate qualifies as a small estate in Texas (where the total assets do not exceed $50,000, excluding homestead and exempt property), it might be possible to use a small estate affidavit instead of formal probate.
To transfer the property, the administrator (or executor, if there was a will) would typically execute a fiduciary deed. This deed would transfer the property to the heirs as determined by the probate court.
It’s advisable for the sister to consult with a probate attorney to understand her rights and the necessary steps to take regarding the property and the deed transfer.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.