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Mom died no will then Dad died no will...

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Donna0201

Junior Member
I am in Texas. My mother died 4 years ago with no will and my father died 2 years ago with no will. I am the sole heir. Did everything go to my Dad upon my Mom's death even though there were no legal proceedings? To transfer my Dad's estate to me, do I need to do 2 proceedings, (one for Mom to Dad and one for Dad to me) or can I just provide my Mom's death certificate while probating my father's estate? I was told that if I do a certificiate of heirship and have an attorney ad litum (I think I get how that works), then there is no administrator. What is the difference between having an administrator and not having one? The property is a house (paid for), a vacation lot with a mobile home, an old car and house contents. They were married 48 years with no other children. It is more than $50K for the lots, car and furniture in addition to the house. Does it matter if my Mom's name is still on the property deeds? I don't know if my Dad change them after she died.What is the name of your state (only U.S. law)?
 


You are going to have to open up both probate proceedings. All the property from Mom's estate ended up with you and Dad, and then Dad's portion to you from Dad's estate. However, in order for the real estate to pass properly, you need to go through the probate process. You may be able to do a small estate affidavit, given the size of the estate (the homestead doesn't count towards the qualification amount).

You might want to consider a probate attorney - given the circumstances, it's not a complicated estate, but there is a lot of paperwork to accomplish with both estates at once.
 

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