US Legal Forms
Legal Resources
Questions & Answers
Name Change
Does a name change affect a person's right to inherit the property in Texas?

Does a name change affect a person's right to inherit the property in Texas?

Full question:

My uncle died and in his will, he named me as the beneficiary of his properties in Texas. Subsequently, I changed my name. Does the name change affect my right to inherit the property?

Category: Name Change
Date: 04/07/2025
State: Texas

Answer:

In Texas, a change of name will not defeat any right of a person that he had in his previous name. It is envisaged in Texas Family Code, sub chapter B dealing with change of name of adult.

Per Tex. Fam. Code § 45.101

“An adult may file a petition requesting a change of name in the county of the adult's place of residence.”

Tex. Fam. Code § 45.104 reads as follows:

“A change of name under this subchapter does not release a person from liability incurred in that person's previous name or defeat any right the person had in the person's previous name.”

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

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

In Texas, to transfer ownership of property after death, you typically need to go through probate if the deceased had a will. The will must be filed with the probate court, and the executor will manage the distribution of assets according to the will. If there is no will, Texas intestacy laws will determine the distribution. Additionally, a Transfer on Death Deed can be used to directly transfer property outside of probate. This deed must be filed before the owner's death to be effective.

Does a name change affect inheritance?

No, a name change does not affect inheritance rights. In Texas, your rights to inherit property remain intact regardless of a name change. Any property you are entitled to receive under a will or through intestate succession is still yours, even if your name has changed. This principle is supported by Texas Family Code, which states that a name change does not alter existing rights (Tex. Fam. Code § 45.104).

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

While you can file a Transfer on Death Deed in Texas without an attorney, it is advisable to consult one. An attorney can help ensure that the deed is correctly drafted and meets all legal requirements. This deed allows for the transfer of property directly to a beneficiary upon your death, avoiding probate. If you have complex assets or concerns, legal assistance can be beneficial.

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

To transfer ownership from a deceased owner in Texas, you will generally need the death certificate, the deceased's will (if applicable), and any necessary court documents if the estate is going through probate. If there is a Transfer on Death Deed, that document will also be required. Ensure all documents are properly filed with the county clerk's office to complete the transfer.

What happens if a named beneficiary is deceased?

If a named beneficiary in a will or trust is deceased, the property typically passes to the alternate beneficiary named in the document, if one exists. If there is no alternate beneficiary, the property may be distributed according to Texas intestacy laws, which dictate how assets are divided among surviving relatives. It's important to review the will or trust to determine the next steps.

Can you transfer property without probate in Texas?

Yes, in Texas, certain methods allow for property transfer without going through probate. One common method is using a Transfer on Death Deed, which allows property to pass directly to a beneficiary upon the owner's death. Additionally, joint ownership with rights of survivorship can facilitate transfer without probate. However, for other assets, probate may still be necessary.