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Unexpected Death, Property Transfer, Bypass Probate?

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Alger

Junior Member
What is the name of your state? Texas


My ex-wife lived in Texas. She died two weeks ago. She left a will leaving her small house and land to my son and daughter. My daughter wants to let my son have her part. Their mom had about $370 in a checking account. The problem is that the Clerk's Office will not tell us whether there are other kinds of filings than probate they will accept for title transfers. I wasn't asking for legal advice from them. Is there a way her small house could be titled to my son without going through probate (one firm he talked to estimated the costs of probate would be between $3,000-$5,000 or more). Funeral and other expenses have left almost nothing for this kind of expense.

There were several credit card debts she left unpaid. She started a bankruptcy procedure but passed away from breast cancer before the court date. Is probate and notifying the creditors my son and daughter's only option (they are over 21), or is there another option in Texas?

Can they, probate or not, be forced to sell the property (full market value maybe $40,000 at best) if a credit card company insists on it after finding out about her passing?



Only her property/home are an issue here.

Thanks so much for your help,
James
 



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