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How can I obtain control of my relative's property in Texas?

How can I obtain control of my relative's property in Texas?

Q: How much does it cost to transfer on a death deed in Texas?

The cost to transfer property using a transfer on death deed in Texas can vary. Fees may include filing fees with the county clerk, which typically range from $15 to $50, plus any attorney fees if you choose to hire one. It's advisable to check with your local county office for specific costs associated with your situation.

Q: Who is next of kin if not married in Texas?

In Texas, if a person dies without a spouse, the next of kin typically includes their children, parents, and siblings, in that order. If there are no children, the estate may go to parents or siblings. If none are available, it may pass to more distant relatives according to Texas intestacy laws.

Q: Do I need an attorney to file a transfer on death deed in Texas?

While you are not required to hire an attorney to file a transfer on death deed in Texas, it is advisable to consult one. An attorney can help ensure that the deed is properly executed and meets all legal requirements, which can help avoid complications in the future.

Full question:

I have a relative who died in Texas with no children and no husband. A caretaker did not notify the family she died. I have filed a property claim for her home with the County, but am unsure as to what the next step would be to obtain a deed on the property. Message is for information on how to obtain control of a property owned by a relative with no living next of kin except for a cousin.

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

Answer:

To manage the estate of a deceased person, you must file a petition in the local probate court where they lived. This petition requests to be appointed as the estate representative. Once the court appoints you, you will have the authority to handle the deceased's assets and debts.

If the deceased had a will, you would file a petition to probate it, asking the court to issue letters testamentary. This gives the named executor the authority to manage the estate. If there is no will, the court will appoint an administrator to distribute the assets according to Texas intestacy laws.

In Texas, if the total value of the estate (excluding homestead and exempt property) is less than $50,000, you may use a small estate affidavit instead of formal probate. This affidavit, filed with the court, provides necessary information about the estate's assets, liabilities, and heirs. After approval, it can be used to collect debts owed to the deceased.

To transfer real property, the executor or administrator will execute a deed, such as an executor's deed, to convey the property to the rightful heir(s). If the estate qualifies for small estate procedures, this may simplify the process.

For more specific guidance, consider consulting with a probate attorney.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What do I need to transfer ownership from a deceased owner in Texas?

To transfer ownership from a deceased owner in Texas, you typically need to file a petition in probate court to be appointed as the estate representative. If there is a will, you will probate it to obtain letters testamentary. If there is no will, the court will appoint an administrator. You may also use a small estate affidavit if the estate's value is under $50,000. Once appointed, you can execute a deed to transfer the property to the rightful heirs.

How much does it cost to transfer on a death deed in Texas?

Can you transfer property without probate in Texas?

Yes, in Texas, you can transfer property without probate if the estate qualifies as a small estate, meaning its total value is under $50,000. In such cases, you can use a small estate affidavit to collect and distribute the deceased's assets. Additionally, a transfer on death deed allows for direct transfer to beneficiaries upon death without going through probate.

Who is next of kin if not married in Texas?

How do I transfer ownership of a property after death in Texas?

To transfer ownership of a property after death in Texas, you need to file a petition in probate court to become the estate representative. If there is a will, probate it to get letters testamentary. If there is no will, the court will appoint an administrator. Once appointed, you can execute a deed to transfer the property to the heirs.