Detailed Answer
Including real property in a decedent’s estate under Texas law requires following the probate process and fulfilling statutory requirements. Below are the key steps to ensure real estate transfers correctly into the estate for administration and eventual distribution.
1. Identify and Locate the Original Will (If Any)
• Search for an original will. If a valid will exists, it typically names an executor and directs how property—including real estate—passes.
• If there is no will, the estate proceeds via intestacy and the court will appoint an administrator.
2. File an Application for Probate or for Letters of Administration
• File the application in the county where the decedent lived. This opens the estate and authorizes an executor or administrator to act.
• In a testate estate, file for probate of the will. See Texas Estates Code Chapter 301.
• In an intestate estate, apply for letters of administration. See Texas Estates Code Chapter 302.
3. Provide Notice and Secure Court Appointment
• Notify all heirs, beneficiaries and creditors per Texas Estates Code § 202.052–.053.
• After notice, the court issues letters testamentary (executor) or letters of administration (administrator). Those letters grant authority to manage estate assets, including real property.
4. Prepare and File Inventory and Appraisement
• Within 90 days of appointment, file an Inventory, Appraisement and List of Claims identifying all estate assets. Include legal descriptions, tax ID, fair‐market value and any liens.
• See Texas Estates Code § 256.051.
5. Manage and Protect the Real Property
• Continue insurance, pay property taxes and maintain the premises.
• If needed, obtain court permission for sale or mortgage under Texas Estates Code Chapter 355.
6. Obtain Court Order for Transfer or Sale
• For distribution to beneficiaries or sale to pay debts, seek court approval.
• Use an independent administration (if authorized in the will) to streamline transfers without full court supervision. See Chapter 401.
7. Record the Deed or Sale Instrument
• Once the court signs the final order or deed, record the new deed in the county clerk’s office where the property lies.
• Pay recording fees and clear any outstanding liens or title issues.
Disclaimer: This article provides general information about Texas law and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Gather all deed copies and title insurance policies early.
- Obtain certified death certificate copies before filing.
- Keep detailed records of estate expenses and communications.
- Consider independent administration to reduce court involvement.
- Communicate proactively with beneficiaries and creditors.