When a loved one passes away, their estate must be probated and administered to the correct beneficiaries or heirs. This can include the transfer of real property, and it is imperative to understand the steps that are necessary for the transfer.
Probate Administration After Death
In Texas, probate is a legal process by which a deceased person’s assets are distributed to their heirs. It is a necessary step if the deceased person was the sole owner of the property, or if the will provides no other method of transfer. However, in certain circumstances, such as a small estate or property held in a trust, probate may not be required.
The following items must be considered to determine the necessity of probate:
- The size of the estate: If the deceased’s estate is valued at less than $75,000, probate may not be required.
- The type of property: If the deceased person was the sole owner of real property, probate will be necessary to transfer ownership to the heirs.
- The existence of a will: Although a will may dictate the distribution of assets, probate may still be necessary to transfer ownership of real property.
If the decedent had a will, the first step in the probate process is to obtain a certified copy of the same. This can be achieved by obtaining a copy from the probate court of the state where the deceased person lived.
Filing a Petition to Open Probate in Texas
If probate is necessary, in Texas, the next step is to file a petition to open probate in a Texas probate court. It is important to note that the probate process occurs in the county in which the decedent resided in. The petition must include the following information:
- The name and address of the decedent.
- The names and addresses of the decedent’s heirs.
- The names and addresses of the executor or administrator of the estate.
- A description of the property subject to probate in Texas.
The court will then set a hearing date, at which point it will review the petition and determine whether to grant the petition to open probate.
Transfer of Real Property
Once the probate court approves the will, the executor or administrator of the estate can transfer the property. To do so, a written request for the transfer of property must be submitted to the estate’s independent executor or administrator. They will then transfer the property by executing a deed and then recording it with the county clerk closest to the property in question.
Once a receipt and copy of the recorded deed has been received from the county clerk, the person that requested the transfer of real property will be the rightful owner of the property.
Seeking the Advice of a Probate Attorney
In the end, the transfer of real property in Texas after the death of a loved one can be a complex and confusing process. It is essential to seek the advice of a probate attorney to guide you through the process and ensure that the transfer of the property is handled correctly.
Do you need help with a probate matter in San Antonio or the surrounding area? We are San Antonio probate attorneys. We help clients navigate the probate process. Call today for a free confidential consultation, (210) 239-8518.
Our San Antonio Probate Attorneys provide a full range of probate services to our clients, including helping with probate administration. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.
Disclaimer
The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.
