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How do I sell an inherited house without a will or going thru probate in Texas?

In Texas, a Small Estate Affidavit (also known as a Small Estate Heirship Affidavit) is a legal document that allows for the transfer of a deceased person’s property to their heirs without the need for a formal probate proceeding. This can be an option if the value of the estate, including real property, is below a certain threshold and specific conditions are met.

To sell an inherited house in Dallas, TX, using a Small Estate Affidavit, you need to follow specific requirements and steps:

  1. Qualification: To qualify for a Small Estate Affidavit in Texas, the value of the entire estate, including all assets and property, must be below a certain threshold, which is currently a threshold of $75,000 in net value (excluding homestead and exempt property).
  2. Eligibility: Only the rightful heirs of the deceased person can use a Small Estate Affidavit. This means you must be a legal heir as defined by Texas law.
  3. Affidavit Preparation: You’ll need to prepare an affidavit that meets the requirements outlined in the Texas Estates Code. The affidavit should include information about the deceased person, the value of the estate, a list of heirs, and a statement that the estate qualifies for a Small Estate Affidavit.
  4. Notarization: The affidavit needs to be notarized to be legally valid.
  5. Filing the Affidavit: File the notarized Small Estate Affidavit with the county clerk’s office in the county where the property is located. You’ll also need to pay the appropriate filing fees.
  6. Property Transfer: Once filed, you can use the Small Estate Affidavit to transfer the property to the heirs. This transfer allows you to sell the property.

The Small Estate Affidavit process may not be suitable for all situations. Consulting with an experienced probate attorney in Dallas, TX, is highly recommended to ensure you’re following the correct legal procedures and that this option is appropriate for your specific circumstances. An attorney can guide you through the process and provide personalized advice based on the most up-to-date laws and regulations.

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