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ricecastleberry · Sep 9, 2009, 03:26 PM

I live in Texas, my mother died. My brother & I need to change the deed over. We are the only children, there was is no will. She purchased the property herself and paid it off. The property is 4.12 acres all is paid in full, no back taxes owed, no liens, everything is current. Can we file ourselves with the court or do we have to have an attorney, If yes is there a link that will give us the correct documents to use. If no thanks.

hkstroud · Sep 9, 2009, 03:40 PM

Process is known as probate. Contact clerk of the court for proper forms.

ScottGem · Sep 9, 2009, 04:49 PM

You need to have one of you appointed as the executor of the estate. The executor can then transfer the property from the estate to your names. Executors are appointed by a probate court.

ricecastleberry · Sep 9, 2009, 05:40 PM

So do we just go to the approiate court to do this, will they give us the forms that need to be filled. I guess the answer to my question is we do not need a lawyer.

ScottGem · Sep 9, 2009, 05:54 PM

You most likely don't. Find out where the probate court in your area is and speak to the court clerk about what forms you need to file.

AK lawyer · Sep 10, 2009, 10:17 AM

Originally Posted by ricecastleberry

So do we just go to the approiate court to do this, will they give us the forms that need to be filled. I guess the answer to my question is we do not need a lawyer.

The function of a lawyer in a situation like this would be to draft the forms if the court doesn't provide prepared forms. That, and to tell you what exatly has to be done.