Does my mother need a warranty deed to sell property in Texas?

Full question:

The property in question is in El Paso, TX, while my mother resides in California. Does my mother need a warranty deed to provide to TX recorder's office, and if so, what would it say? She is considering selling the property. My father, now deceased, set up a living trust himself, for this property, which is held in both his and her names as they were married, and still were when he died, and because they both owned the property, it seems as though he did not address the issue of transferring title to her upon his death.

• Category: Real Property
• Date: 04/07/2025
• State: Texas

Answer:

Joint tenancy is a form of ownership shared by two or more individuals. When one joint tenant dies, the surviving tenant automatically becomes the sole owner of the property, a concept known as the "right of survivorship." State laws govern the creation of joint tenancies, which can apply to various types of property, including real estate.

In Texas, if property is owned as joint tenants with rights of survivorship, it typically passes outside of probate. However, if the ownership is not clearly defined, such as in the case of a living trust, additional steps may be necessary to transfer the title.

Since your father set up a living trust and both he and your mother were listed as owners, the trust should specify how the property is to be handled after his death. Generally, a trustee holds the title and must prepare a deed to transfer the property to the beneficiary as outlined in the trust. In this case, a trustee's deed would be appropriate.

It is advisable to consult a local attorney who can review the trust documents and provide guidance on the necessary steps for your mother to sell the property.