Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
When a person dies in Texas without a valid will (intestate), their real property—including a home—passes to heirs according to the Texas Estates Code. Multiple heirs must follow these steps to transfer title:
1. Determine Heirship Under Texas Law
Under Texas Estates Code § 201.001, the court identifies heirs by blood relationship. Typical order:
- Spouse and children share community and separate property.
- Children (or descendants) inherit if no surviving spouse.
- Parents, siblings, or more remote relatives if no spouse or descendants.
2. Open a Probate or Use Affidavit of Heirship
Heirs can choose between formal probate or a non‐probate affidavit of heirship if no administration is required:
- Formal Probate: File an application in the county court where the decedent lived. The court appoints an executor or administrator, issues Letters Testamentary or Letters of Administration, and enters a “Order Admitting to Probate.”
- Affidavit of Heirship: If the home’s value falls below certain thresholds, Texas law allows an affidavit of heirship under Texas Estates Code § 202.001. Two disinterested witnesses sign, and heirs record the affidavit in the county clerk’s office to transfer title without formal probate.
3. Obtain Court or Clerk Order
After probate or affidavit recording, heirs receive a certified copy of the court’s order or clerk’s record. This document establishes legal ownership shares.
4. Execute Deeds to Transfer Title
Each heir executes a deed conveying their interest in the home. If heirs wish to split ownership, they record separate deeds. To sell or refinance, all owners must join in a single deed or a partition action under Texas Property Code § 23.001.
Helpful Hints
- Gather vital records: death certificate, marriage certificates, birth certificates.
- Verify estate qualifies for an affidavit of heirship (<$75,000 in personal property and no unpaid creditors).
- Consult the county clerk for local forms and recording fees.
- Consider mediation if heirs disagree on selling or dividing the property.
- Retain copies of all recorded documents and deeds for future title searches.