Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
When heirs inherit real estate in Texas and wish to convey their undivided interests—whether to one another or to a third party—they must execute a proper deed and record it in the county where the property is located. Under Texas law, the most common instruments heirs use are:
- Quitclaim Deed. Conveys whatever interest the grantors (heirs) hold, without warranties. Ideal when heirs do not want to guarantee title beyond their own rights.
- Special Warranty Deed. Conveys title and warrants the grantors did not impair the title during their ownership. Less exposure than a general warranty deed but provides some protection to the grantee.
- General Warranty Deed. Conveys title and guarantees against all title defects, including those predating the heirs’ ownership. Rarely used by heirs, as it imposes extensive liability.
Which deed to choose depends on how much warranty heirs are willing to assume. Heirs often select a quitclaim deed to limit post-closing liability.
Step-by-Step Execution and Recording:
- Prepare the deed using the legal description of the property as shown on the prior deed or county records.
- Identify all heirs (grantors) by name and their interest percentage.
- Have each heir sign the deed before a Notary Public. Texas law requires a notarized signature and an attached jurat or acknowledgment to satisfy Texas Property Code § 12.042.
- Complete any county-specific transfer forms or affidavits. Texas counties do not impose a state real estate transfer tax, but recording fees and a county transfer form may apply.
- Submit the original deed, notarization, and recording fee to the county clerk in the county where the property sits. The clerk will assign a file number and date stamp, making the conveyance part of the public record.
Key statutory references:
- Texas Property Code § 12.002 (recordable instruments include deeds).
- Texas Property Code § 12.041 (requirement for form and execution of deeds).
- Texas Estates Code § 201.052 (affidavit of heirship for establishing heirship in Texas).
Helpful Hints
- Always verify the exact legal description in the county’s deed records before drafting the deed.
- Use an Affidavit of Heirship filed in Texas (Estates Code § 201.052) to confirm heir status when no formal probate occurs in Texas.
- Even if the property lies outside Texas, Texas heirs should still execute and notarize documents in Texas, then record in the appropriate out-of-state county recorder’s office following that state’s recording rules.
- Keep certified copies of the recorded deed for your records and provide one to title companies or lenders as proof of clear title.
- Consult an attorney in the state where the property is located if the other state’s law diverges significantly from Texas practice.