How can my wife transfer property from a will without notarization?

Full question:

My wife was left as the soul beneficiary in a will. This will was prepared while the gentleman was incarcerated in Texas. The will and most of the paper work were not notarized because of his location. I need to get the house transferred to my wife's name. What should I do?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Texas

Answer:

A will in Texas does not need to be notarized to be valid. It must be signed by the testator and two witnesses, all while the testator is of sound mind and acting voluntarily. If the will lacks notarization, the witnesses might need to testify in court to confirm its validity.

When a person passes away, their assets go through probate. If there is a valid will, an executor is appointed to manage the estate's distribution. If there is no valid will, the court appoints an administrator to distribute assets according to intestacy laws. For estates valued under a certain amount, Texas allows a small estate administration process, which is simpler than formal probate.

To transfer real property, the executor or administrator will execute an executor's deed or fiduciary deed. If the decedent owned property as a joint tenant, that property automatically passes to the surviving joint tenant outside of probate.

For transferring the deed to your wife, you should contact the local recording office where the property is located. Typically, you will need a copy of the death certificate and may need to pay a fee. In Texas, estates valued under fifty thousand dollars can qualify for a small estate administration. I recommend consulting a local attorney to review the specific facts and documents involved.

For reference, Texas probate law states that a will must be in writing and signed by the testator and two witnesses (Tex. Prob. Code § 59).