The death of a family member can be a very distressing and difficult time, but so also the transferring of a house title from the deceased.
A deceased homeowner’s property is often referred to as “heir property”. In order to transfer a deed after the death of an owner in Texas, the deceased property owner’s name must be removed from the house title and the new owners of the property, who are known as the “Heirs at Law”, need to be identified. In this article, we will discuss How to Transfer a House Title After a Family Member’s Death in Texas.
Here is an important thing to note: If there are no valid written instructions, the “Texas Laws of Inheritance” will decide who inherits their real property.
What Is A Deed
A Deed is the document that allows a property transfer to take place.
What Is A Title
The title is the legal right of ownership to the house or property.
Here Is How to Transfer a House Title After a Family Member’s Death in Texas.
What Happens to a House When the Owner Dies?
The property of a deceased person must pass through the probate process upon the owner’s death.
The probate process is a legal way for the court to become involved in supervising the payment of debts owed by the deceased while they were alive and distributing the assets and belongings of an individual after their death. For instance, the ownership of the house may be taken over by the beneficiary, or it could be sold off to pay off debts acquired when alive.
Transfer of Property After Death With a Will
When the owner of a house dies and there is a Will, the house will be handed over to the sole beneficiary stated in the will. Once the will has been validated by the Probate court, the property will be transferred to the rightful heir with the help of the Executor. This is basically the simplest way to transfer properties after the owner dies.
In some cases, even with a will on the ground, the property may need to be sold before ownership can be transferred because of debts left behind by the deceased. The Executor will make a decision based on the size of the mortgage and debts, while taking any other assets considering other assets. If the Estate does not have enough assets to pay off the debts, the Executor can sell the property before it can be inherited by an heir.
Ways for Transferring Property After Death in Texas
The are three primary ways for transferring property after death in Texas. And each has its own rules and timeline. They are:
1. By Deed
Some special deeds let property pass to someone else without needing to go through court (probate). These special deeds are;
Lady Bird Deed – this is a deed that allows the owner to keep full control of the house while still alive. After they die, it automatically goes to the person they chose to be the beneficiary.
Transfer on Death Deed – this deed is filed while the deceased is still alive. Then, when they die, the house is automatically transferred to the person they desired. A Transfer on Death Deed may be used instead of a Will. However, this deed cannot be used unless it was created, signed, and notarized before the property owner passed away.
2. Transfer Through Probate Court
In this situation, the house transfer goes directly through the probate court because the is no special deed left behind by the deceased.
If there is a will, the executor named in the document will handle the probate process. But in a situation where there is no will, the court will appoint an administrator to manage the estate. In Texas, probate usually takes up 6 to 12 months, but complicated cases can take up to 2 years or more, as the case may be.
3. Transfer Through a Living Trust
A living trust is another way to avoid the probate process. In this case, the individual puts their property into the trust while they’re still alive and appoints a successor trustee to give it to the beneficiary after they pass. This way is often faster and more private than probate.
Transfer of Property After Death Without a Will
If the owner of a house dies without a Will, all property and assets will be distributed by Probate Court according to the Intestate Succession laws of that area. These laws are established on a state level, and the exact practices will depend on where the deceased was living.
The Probate Court will determine whether or not to sell the property to cover debts or any legal fees associated with court proceedings on behalf of the Estate. If the Court does not sell the home, it will be distributed according to your state’s Next of Kin laws. In most areas the progression of property ownership will go to a spouse, child, parent, or sibling.
Factors that Delay Property Transfer
Here are some factors that delay the transfer of Property in Texas:
- The size and complexity of the property
- No valid legal will
- A contested will
- Unresolved tax issues
- Selling the property to clear debts
Ways Properties can be Transferred without Going through the Probate Process
Ownership of the deceased’s property can be transferred without going through the formal probate process through the following ways:
- Small estate affidavits
- Affidavits of heirship
- Statements of inheritance for mobile homes
- Applications to determine heirship
- Transfer on death deeds.
Property Types and Their Transfer Requirements
Different types of property come with unique transfer requirements that must be followed before a property can be transfered:
Real Estate
Property held in joint tenancy often transfers to the beneficial quickly. But any property passing through probate requires additional steps, such as:
- Filing necessary court documents
- Obtaining court approval
- Recording new deeds
- Updating property tax records
Vehicles
The Texas Department of Motor Vehicles has specific requirements for transferring vehicle titles after death. With proper documentation, these transfers can often occur within a few weeks.
Personal Property and Household Items
While formal transfer requirements vary, families can often distribute personal belongings according to the deceased’s wishes or mutual agreement, assuming no conflicts arise.
Bank Accounts and Investments
Accounts with designated beneficiaries can typically transfer within weeks of providing a death certificate to the financial institution. Accounts without beneficiary designations must go through probate.
Final Words on How to Transfer a House Title After a Family Member’s Death in Texas.
The unpredictable surrounding the timing of property transfers after a passing can lead to increased stress levels and even distress among family members. While timeframes for transferring property after death vary substantially, proper estate planning can help simplify the process for your loved ones. Creating a extensive estate plan now can reduce delays, minimize costs, and provide clarity during a difficult time.
Contact Us
In a case like this, having an experienced Real Estate Attorney prepare your documents and provide more clarity regarding your situation would be a good idea. Speak directly with a well-experienced attorney at the Law Firm of Udo Ezeamama to help your case easily. We can help you understand your options for transferring property efficiently after death. We can also assist if you’re dealing with property transfers after losing a loved one. Call our law firm today at (832) 323-9245 or contact us online for a confidential consultation.