Detailed Answer
If your parent’s name alone appears on a Texas deed, title passed to their estate at death. You must follow probate or heirship procedures to confirm current ownership.
1. Verify Sole Ownership
Request a certified copy of the recorded deed from the county clerk’s office. Confirm that no co-owners or beneficiary deeds exist. If the deed names only your parent, they held title in fee simple as the sole owner.
2. Determine Whether a Will Exists
Search probate court records in the county where the property sits. If your parent left a valid will, the executor named in that will must probate it. Probate under Texas Estates Code Chapter 256 (see §256.001) handles distribution.
Texas Estates Code §256.001: Opening a Probate Estate.
3. If There’s No Will (Intestate Succession)
When someone dies without a valid will, Texas Estates Code Chapter 201 governs distribution to heirs. Close relatives—spouse, children, parents, siblings—inherit under §201.001.
Key heirs include:
- Surviving spouse and children
- Descendants of deceased children
- If no spouse or descendants, parents or siblings
4. Open an Estate or Heirship Proceeding
To transfer title, file in the county probate court:
- With a will: Application for probate of will (Estates Code Chapter 256).
- Without a will: Application for determination of heirship. The court issues letters of administration and a judgment of heirship, naming heirs and their shares.
5. Record a New Deed
After probate or heirship judgment, the personal representative or heirs execute and file a new statutory Texas deed (Special Warranty Deed or Deed without Warranty) at the county clerk’s office. This deed lists the heirs or beneficiaries as new grantees and clears title.
6. Alternative: Affidavit of Heirship
In uncomplicated cases with no estate administration, heirs may prepare an Affidavit of Heirship. Two disinterested witnesses attest to heirship facts. Record the notarized affidavit and a certified death certificate with the county clerk to reflect new owners.
Note: Some title companies still require a probate court judgment to insure clear title.
Helpful Hints
- Gather original deed and death certificate early.
- Check for a small estate option—Texas has no small-estate affidavit for real property.
- Hire a Texas probate attorney if there are multiple heirs or disputes.
- Title companies can guide you on acceptable documents to clear title.
- Keep all filings and court orders in your permanent records.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed Texas attorney for guidance on your specific situation.