How Do I Transfer Real Property of An Intestate Estate in Texas?

Full question:

My father passed away July 20, 2009 without a Will. As his daughter during his illness and since his death I have managed all his medical and financial affairs. He has a home with an existing mortgage. The mortgage company will not give me any information because my name is not on the loan. They require something in writing saying I am the Administrator of the Estate. How and where can I get this information? My siblings and I do not want to assume the loan, but would like to sell the house as soon as possible.

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

Answer:

When a person dies, their assets are distributed in the probate process. If a person dies with a valid will, an executor is named to handle the distribution of the estate. If the person dies without a valid will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. The court will issue letters of administration to the administrator, giving the authority to handle the affirs of the deceased. An heirship affidavit may also be used to conduct estate affairs when a small estate is involved. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state ($50,000 in Texas), the estate may go through a small estate administration process, rather than the formal probate process. To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed. For example, if a person who is a joint tenant dies, the executor of the estate can execute a fiduciary deed transferring their interest to the remaining joint tenants, or other person entitled to receive the interest under the will.

Joint tenancy is a form of ownership by two or more individuals together that differs from other types of co-ownership in that the surviving joint tenant immediately becomes the owner of the whole property upon the death of the other joint tenant. State law, which varies by state, controls the creation of a joint tenancy in real property. Joint tenancy property passes outside of probate; however, it may be severed so that the property becomes part of one person's estate and passes to that person's heirs. Each joint tenant has an equal, undivided interest in the whole property, and may enter onto, take possession of the whole, occupy, and use every portion of the common property at all times and in all circumstances. All joint tenants, and their spouses, must sign deeds and contracts to transfer or sell real estate.

Please see the links to Texas fiduciary deed and small estate forms below.