One of the most common questions families face after the death of a loved one is: “How do we transfer real estate from the estate to the heirs?” In Texas, the answer involves a formal process through the probate court and proper documentation in the public records. Simply inheriting property through a will isn’t enough legal steps must be taken to reflect the change in ownership.
Start With Probate: Appointing an Executor
Before any property can be transferred, the estate must go through probate. This means the probate court must recognize the will (if there is one) and appoint an executor. If there’s no will, an administrator may be appointed instead. Only after someone is officially appointed by the court can they legally sign a deed transferring property.
This is true even if the will clearly names who should receive the property. A will is not self-executing; court authority is required for the transfer to have legal force.
Deeding the Property: Making the Transfer Public
Once the executor is appointed, they can sign a deed transferring the property to a beneficiary named in the will, or to a buyer if the decedent had entered into a sales contract before death. However, it’s crucial to understand that just inheriting property isn’t enough. For the transfer to be effective and enforceable against third parties, it must be recorded in the public records of the county where the property is located.
Without a recorded deed, there’s no constructive notice to the public that ownership has changed—even if a will or court order says otherwise.
Why Recording Matters: Notice to the World
Texas operates under a race-notice recording statute which means whoever records first without notice of another unrecorded claim generally wins in a property dispute. That’s why recording a properly executed deed is essential; it protects the beneficiary’s or buyer’s rights and clarifies ownership in the public record.
Even recording a certified copy of the will or court order may not be sufficient unless it contains an adequate description of the property, something many documents, including divorce decrees and some probate orders, often lack.
Final Thoughts
Inheriting property in Texas doesn’t automatically update ownership in the public record. To complete the transfer, it is advisable to go through the probate process and have the administrator of the estate sign a deed conveying ownership to the beneficiaries in a will or the heirs at law. Alternatively, probate substitutes like an affidavit or heirship might also serve as sufficient notice to pass title to heirs or beneficiaries.
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