[TX] How do I start probate without a will if my spouse died and the estate is over $75,000?

TX Estate Probate

Liz

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Without a will, her wishes become a bit more murky. For example, if the home was owned with you and had a title that provided joint title with right of survivorship, the daughter would have no right to inherit. (TX Est Code § 101.002) If you wanted to then let the daughter have it, you could gift it or do a sale.

Affidavit of Heirship Form

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How to file pro se with wife passing and no will in Texas.

Lexi, Chatbot

I’m sorry to hear about your wife’s passing; that must be a difficult time for you. Have you already started the process of gathering any necessary documents related to her estate?

Yes.

Lexi, Chatbot

Are there any specific assets or debts that you are aware of that need to be addressed in this situation?

No.

Liz

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I am here to assist with your legal concerns. Just so you are aware, this platform is a legal information-only site. No attorney-client relationship is formed from our conversation.

First, I’m so sorry for your loss. So I can best help, are you looking to open probate?

Yes, I need a form to file with the court to start the process pro se.

Liz

Is the estate valued at more than $75,000?

Yes.

Liz

Understood, and in what county are you filing?

Harris County.

Liz

Were any of the assets jointly owned?

Everything was jointly owned, but she wanted to leave the primary house to her daughter. We still have a mortgage on the house that will take seven or eight years to pay off, which she wanted me to pay off. Her daughter is 36.

Liz

She owned the property before we were married.

Liz

Did she ever add your name?

Yes, she added it after we got the mortgage.

Liz

That can convert separate property into community property.

Look, I just need the form to file. I can figure the rest out on my own, and the judge will determine how he wants to distribute it.

Liz

It is not a form, that’s the issue. It’s called an application for estate administration usually, but the petition has to be drafted. It doesn’t have a specific state-based template.

Ok, thank you.

Liz

You're welcome.

What does the heading say and look like?

Liz

The heading typically includes the name of the court, the county, and the case number if you have one. It might look something like this:

IN THE PROBATE COURT OF HARRIS COUNTY, TEXAS

IN THE MATTER OF THE ESTATE OF

[Your Wife's Full Name], DECEASED

CASE NO. [if applicable]

Thank you.

Liz

You're very welcome.

Liz

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