Detailed Answer — How to transfer title in Texas after a spouse’s death

Which path you follow depends on how the property was titled when your wife died, whether she left a will, and whether anyone else has a survivorship interest. Below are the typical scenarios and the steps for each.

1) First: determine how title was held

Look at the recorded deed (often at the county clerk’s office where the property is located). Common possibilities:

• Property held in both spouses’ names as joint tenants with right of survivorship or as community property with right of survivorship — usually passes automatically to the surviving owner.
• Property held in the deceased spouse’s name alone — title usually must pass through probate or other statutory process.
• There may be a Transfer-on-Death (beneficiary) deed recorded — if so, the named beneficiary receives title without probate (if the deed is valid).

2) If the property automatically passed to you (survivorship)

If the deed created a survivorship right, the real property interest typically passed to the surviving owner immediately when your wife died. To show clear title you will usually:

1. Obtain a certified death certificate.
2. Record an affidavit or other document showing you are the surviving owner or prepare and record a new deed (e.g., a quitclaim or warranty deed) that states you now own the property outright. If a title company will insure the new deed, they will tell you what they require.
3. Record the death certificate and the affidavit/new deed in the county real property records where the property is located.

3) If the deceased owned the property alone (no survivorship, no beneficiary deed)

Most commonly, title passes under the will (if any) or under Texas intestacy law (if there is no valid will). Two common methods to clear title:

a) Probate and executor/personal representative deed

If there is a will, or if a formal administration is necessary, the personal representative appointed by the probate court can convey the property to the heir or beneficiary by executing a deed (often called an executor’s or administrator’s deed). Steps:

1. Open probate in the county where the decedent lived or where the property is located.
2. Obtain letters testamentary or letters of administration from the probate court.
3. Prepare and sign a deed from the estate (granted by the personal representative) that conveys the property to your child.
4. Have the deed acknowledged (notarized) and record it in the county real property records where the property sits.

b) Affidavit of Heirship / nonprobate methods (when appropriate)

In Texas, an Affidavit of Heirship is commonly used for decedents who died intestate (no will) when the heirs and chain of title are straightforward and the county title company will accept it. An Affidavit of Heirship is a sworn statement by someone with personal knowledge of the family history and ownership facts. Typical steps:

1. Have a reputable witness (someone with personal knowledge) prepare and sign the affidavit of heirship before a notary public.
2. Record the affidavit of heirship in the county where the property is located.
3. Then the heirs (or the heir who will own the property) execute a deed transferring title to the child. That deed is acknowledged and recorded.

Note: An affidavit of heirship is not appropriate in every case. Title companies, lenders, and courts may require formal probate if there are disputes, unclear heirs, mortgages, or other complications.

4) Preparing the new deed

Whoever is conveying the property (survivor, personal representative, or heirs) must execute a deed. Key requirements for a valid deed in Texas:

• Correct legal description (lot, block, subdivision, or metes and bounds).
• Clear identification of grantor(s) and grantee(s) — for example, the estate’s personal representative as grantor, or named heir(s) as grantee(s).
• Language of conveyance (type of deed — special warranty or quitclaim are common for estate transfers; executory language if required by title company).
• Signed by the grantor; signatures must be acknowledged before a notary public (deed acknowledgment).
• Recordation in the county clerk’s or county recorder’s office where the property is located. Recording places the new deed in the public record and gives notice to third parties.

5) Recording the deed

Take the original, notarized deed (and usually a certified death certificate and any required affidavit or court documents) to the county clerk’s office in the county where the property is located. Pay the recording fee and any transfer or filing fees required by the county. After recording, obtain a stamped copy for your records.

6) Other practical steps after recording

• Provide recorded deed copies to the mortgage lender, the county tax assessor, and your title insurance company.
• Update homeowner’s insurance and any utility or billing accounts.
• If the property is homestead, remember Texas law protects a surviving spouse’s homestead rights — you may not be able to transfer homestead property without addressing the surviving spouse’s rights.

Legal references and where to learn more

Texas law governs probate, affidavits of heirship, and recording of instruments. For statutes and official text, consult the Texas Codes at the Texas Legislature’s website:

• Texas statutes and codes: https://statutes.capitol.texas.gov/
• County recording rules and fee schedules: contact the county clerk in the county where the property is located (recording is a county-level function).

Because many deeds, affidavits, and probate steps have precise form and effect, a title company or attorney can confirm which route will clear title with the least delay and risk.

Helpful Hints

• Get a certified copy of the death certificate as soon as possible. Most recorders and title companies will ask for it.
• Start by pulling the recorded deed in the county real property records. The current deed determines what steps are needed.
• If there was a beneficiary (transfer-on-death) deed, the beneficiary will need to file required paperwork, not probate. Confirm whether such a deed exists in the county records.
• When in doubt, contact a title company. Title examiners can often tell you whether an affidavit of heirship will be accepted or whether probate is required to clear title.
• If the property is the family homestead or there is a surviving spouse, consult an attorney. Texas homestead and community property rules can limit transfers and require spousal consent or court involvement.
• Prepare the deed carefully. Mistakes in legal descriptions or grantor/grantee names can cause title problems later.
• Keep records of every document you record (recorded deed, affidavit, death certificate). You will need them for property tax, insurance, and future sale or refinance.
• Expect some steps to take weeks (probate) or only days (recording a deed if all necessary documents are ready). Timelines vary by county and by whether probate is needed.