Quick Answer
When a property owner in Texas dies, their real estate passes according to their will or, if no will exists, by Texas intestate succession laws. Probate is the legal process of administering the estate and transferring title. Heirship proceedings establish who the legal heirs are when no formal probate is conducted.
Educational Information
This article provides general educational information about Texas probate and heirship as they relate to real estate title. It does not constitute legal advice. Probate and estate matters are governed by the Texas Estates Code and involve complex legal procedures. Consult a qualified Texas probate attorney for advice on any specific situation.
How Title Passes at Death in Texas
When a Texas property owner dies, title immediately passes to their heirs or devisees, subject to the probate process. However, the title company typically requires evidence of proper administration before insuring a transfer from the estate. This may include letters testamentary (for executors) or letters of administration (for administrators), or a determination of heirship.
Transfer on Death Deeds (TODDs) in Texas
Texas permits Transfer on Death Deeds (also called TODDs), which allow property to pass directly to a named beneficiary without probate. The deed is recorded during the owner's lifetime but does not transfer ownership until death. For the TODD to be valid, it must meet Texas statutory requirements, including proper execution, recording, and revocation procedures.
Lady Bird Deeds (Enhanced Life Estate Deeds) in Texas
Texas is one of a few states that recognizes Lady Bird deeds, also called enhanced life estate deeds. These deeds allow the property owner to retain a life estate with the power to sell, mortgage, or otherwise deal with the property without the remainder beneficiary's consent. At death, the property passes to the remainder beneficiary outside of probate.
Heirship Proceedings
If a property owner dies without a will and without formal probate, an heirship proceeding (or affidavit of heirship in appropriate cases) may be used to establish who the legal heirs are. The title company will review the heirship documentation to ensure it meets underwriting requirements before insuring title.
Title Considerations for Probate Sales
When buying property from a Texas estate, the title company will need to confirm that the personal representative has authority to sell and that the sale complies with the Texas Estates Code. Court approval may be required depending on the type of administration and whether the will grants independent administration. For more on title issues involving deceased owners, explore our Title Problems & Curative Solutions series.
FAQs
Do I need to probate a will in Texas to transfer real estate?
In most cases, yes, if the property was solely owned. However, joint tenancy with right of survivorship and TODDs pass property without probate.
How long does Texas probate take for real estate?
Texas probate can take anywhere from a few weeks to over a year depending on the complexity of the estate, whether there is a will, and whether there are disputes among heirs.