Detailed Answer — How to transfer a decedent’s home to heirs under Texas law

This article explains, in plain language, the common ways a house moves from a parent who died without a will into the names of the children (and other heirs) in Texas. It summarizes practical steps, legal paths, and when you likely must involve the probate court. This is educational information only and not legal advice.

Key legal framework

When someone dies without a will in Texas, the Estates Code governs who inherits. See the rules on intestate succession at the Texas Estates Code, Chapter 201: Tex. Estates Code ch. 201. The law also gives ways for property to be transferred without full probate in certain situations: see Tex. Estates Code ch. 205 (disposition without administration).

Which path you use depends on how the parent held title and the estate’s situation

• Joint ownership with right of survivorship: If the parent owned the house jointly with another person as joint tenants with right of survivorship, that surviving joint owner typically becomes sole owner automatically. You need a certified copy of the death certificate and the recorded deed showing joint ownership to update the title.
• Community property or with a surviving spouse: Texas has special rules for community property and homestead that affect a surviving spouse and children. The spouse may have homestead and other rights that must be addressed before transferring title.
• Sole ownership (decedent held title alone): If the parent held the deed in their name only and died intestate, heirs inherit under the intestacy rules. How you clear title depends on whether you and other heirs agree, whether the estate has debts, and the value of the estate.

Common ways to put the house in heirs’ names

1) Affidavit of Heirship (recorded with the county deed records)

An affidavit of heirship is a common, non-probate method to transfer title when heirs agree and there are no complications (no active probate, no significant creditor claims, and clear chain of title). A person with knowledge of the family facts signs a sworn affidavit describing the decedent, the heirs, and the property. The affidavit is then recorded in the county where the property is located. Title companies often accept the recorded affidavit to issue insurance and allow a deed from the heirs.

Notes about affidavits of heirship:

• It does not “create” title by itself but provides a public record that helps title companies and buyers accept the heirs’ claim.
• Some title companies will require additional evidence or a court determination if there are disputes, missing family links, or outstanding creditors.
• Recording requirements and practical use vary by county and by lender or buyer preference.

2) Probate — court determination of heirs (when you need formal court involvement)

If the estate has debts, a mortgage, disputes among heirs, unclear heirship, or if a third party (like a bank or title company) requires court-signed papers, you will usually need to open a probate case. In Texas, the court can appoint an administrator when there is no will. The court can determine heirship, authorize sale or distribution of property, and issue letters or orders to clear title.

Typical probate outcomes used to transfer title:

• Formal administration with an appointed administrator who handles debts and distributes property under court direction.
• Independent administration (in some cases) that can be faster and give the administrator authority to transfer title without ongoing court approval.
• A judicial declaration or order that determines the heirs (often called a “probate of heirs” or determination of heirship), which the heirs can record to evidence ownership.

See the general probate rules and procedures in the Texas Estates Code (see chapters that discuss administration and probate procedures): Tex. Estates Code ch. 205 (disposition without administration) and consult local probate court rules.

3) Muniment of Title (less common when there is no will)

Muniment of title is a simplified probate procedure that some states offer when there is a will and no administration is necessary. Because this situation involves no will, muniment of title usually will not apply.

Practical step-by-step checklist

1. Obtain several certified copies of the death certificate from the county that issued it.
2. Locate the deed(s) and check how the decedent held title (sole owner, joint tenant, community property, etc.). You can view recorded deeds in the county clerk’s office where the property sits.
3. Gather basic family information: names of heirs, current addresses, dates and places of birth if available, marriage records if relevant.
4. Check for a will and any recorded beneficiary designations (some transfers can occur outside probate if a beneficiary deed or transfer-on-death instrument exists).
5. Contact the mortgage lender to learn whether the loan is current and how they handle a deceased borrower. A mortgage stays attached to the property until paid or refinanced.
6. If all heirs agree and there are no creditors or complicating factors, consult a title company or real estate attorney about preparing an affidavit of heirship and a new deed from the heirs.
7. If there are disputes, debts, or the title company/lender requires court documents, consult a probate attorney about opening an estate case to get a court determination of heirs or to appoint an administrator.
8. Once you have the proper recorded affidavit or court order, prepare and record a deed that conveys the property from the estate (or from the heirs) to the named heirs. A title company can help ensure the deed is in the correct form.

When you must open a probate case

You will usually need to open probate in Texas when any of the following apply:

• The estate has unpaid debts that require administration.
• The title is contested or ownership is unclear.
• The lender or buyer requires a court order or letters testamentary/letters of administration.
• A party objects to an affidavit of heirship or the county will not accept the affidavit alone.

Who to talk to for help

Start by talking with a Texas real estate title company; they regularly handle transfers after deaths and can tell you whether an affidavit of heirship will likely be accepted. If there are debts, disputes, or complicated family or homestead issues, consult a probate attorney in the county where the property sits. An attorney can explain whether independent administration, formal administration, or a court heirship proceeding is best.

Helpful Hints

• Get at least 6–12 certified copies of the death certificate early; many institutions request one.
• Ask the county clerk to pull the deed history (chain of title) to confirm how title is held.
• If you plan to sell or refinance, lenders commonly require a title policy; a title company will tell you if an affidavit of heirship suffices.
• Be careful with homestead property: Texas law gives a surviving spouse and minor children strong rights. Do not assume children can force a sale without addressing homestead claims.
• If the decedent had a mortgage, contact the servicer to learn payoff or assumption options before recording a deed in heirs’ names.
• Disputes among heirs often force probate. If even one heir objects, you may need a court proceeding to resolve claims.
• Recording an affidavit of heirship that contains incorrect statements can create title problems. Use a knowledgeable preparer or a title attorney if unsure.

Where to look up Texas law

Primary state statutes you may want to read:

• Intestate succession rules: Tex. Estates Code ch. 201.
• Rules about disposition of property without administration and related procedures: Tex. Estates Code ch. 205.

Final note and disclaimer

This article explains common Texas procedures but does not apply to every situation. It is not legal advice. An attorney who knows Texas probate and real estate law can review your documents and county-specific practices and advise the best path for your family. If there are competing claims, mortgages, or homestead questions, consult a probate lawyer before you record anything.