Selling Home Of Parents Without Will

Added March 23, 2009 by Ilyce R. Glink

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Summary: When someone dies intestate (without a will) with property, the estate will have to go through probate. The estate will also be used to pay off any debts. An estate attorney is the best option to walk you through the details of an estate.

Q: I live in Houston, Texas and both of my parents died in 2006. They do not have a will and they don't owe Federal or State taxes. They do have unpaid credit card debt. My sister and I are in agreement to sell their house. We need to put the title of the house in my name. What are the steps to take? And, are we responsible for the debt?

Thank you.

A: My condolences on losing both of your parents in the same year. Please talk to an estate attorney who can walk you through what you must do in your state. Because your parents died intestate (without a will), and they had property, you will need to put their estates through probate. And yes, their estates will have to pay off any of their debts.

Please find someone good to help you. You can get a referral from your local bar association, such as the Atlanta Bar Association or the Chicago Bar Association or your state bar.

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