Note It is sometimes more difficult to transfer estate property without formal administration. Out-of-state institutions are often unfamiliar with alternative probate procedures in Texas. Talk to an attorney to determine which probate method is right for you.
If there is a will, you may be able to probate it as a "muniment of title." This option is available when:
This faster alternative allows the heirs to collect the property directly from banks and other institutions. There is no administration or executors. However, the beneficiaries will likely need an attorney to file the application with the court.
Muniment of title is commonly used when the only asset transferred by the will is real property. If the court approves the application, you'll need to file the court order and a copy of the will with the county clerk's office. This is done in the county where the property is located and helps establish a chain of title.
A full, more expensive probate of a Will may not always be necessary. Texas law provides for a shortened, less complicated, less expensive form of probate in specific circumstances.
Bexar County probate guide to probating a will as muniment of titleDesigned for an applicant who is the only person listed in the will. May be adapted for use in other counties.
Certain estates may qualify for a "small estate affidavit." Small estate affidavits can be used when:
Heirs can use a small estate affidavit to collect property directly from banks and other institutions. The court must first approve the application.
If there is a homestead, the heirs will need to record a copy of the court-approved affidavit in the property records. It must be filed in the county clerk's office where the property is located. This will help establish a clear chain of title and allow the heirs to sell the property.
Courts often have specific rules about small estate affidavits. Make sure to check any local requirements before you apply.
If the property you leave behind at your death is below a certain amount, Texas allows the property to be transferred more quickly and with less hassle by using a "small estate affidavit."
This article answers frequently asked questions about using a small estate affidavit to transfer probate property to heirs in Texas.
A sample small estate affidavit form for use in Bexar County. May be adapted for use in other counties.
Learn about the most common filing mistakes.Determination of heirship is a legal proceeding to determine the heirs and their share of inheritance. It's mostly done when there is no will. The process is often part of formal administration, but it can also be used on its own when combined with an order of no administration.
In their application, the heirs must ask the court to declare whether the estate needs administration. If it doesn't, the court will declare who the heirs are and issue an order saying that administration isn't needed. The heirs can then use the court order to collect estate assets from banks, transfer title to real estate, etc.
To transfer real property, you'll need to file a copy of the court orders in the property records. This must be done in the county where the property is located. Doing so will help establish a clear chain of title.
Prepared by the University of Houston Law Center. This Q&A article describes applications to determine heirs, filed in probate court.
When someone dies intestate, without a will, it is sometimes necessary to determine heirship through a judicial proceeding in a probate court.
An affidavit of heirship is a sworn statement that lists the heirs to the property of the deceased. It's written and signed by someone with knowledge of the family history, but the information isn't verified by the court. It doesn't carry the same legal authority as other methods, but is sometimes used to claim ownership of:
To claim ownership of real property, the affidavit must be filed with the county clerk's office where the property is located. Real estate buyers and title companies commonly accept affidavits of heirship as proof of title, but it does involve some risks to the buyer.
There is no law that requires third parties to accept affidavits of heirship. Institutions like banks usually don't accept them.
Transfer a deceased person's interest in real property to their heirs at law. Note: This is NOT a fill-in-the-blank form.
This article discusses affidavits of heirship in the context of selling real property to a third party.
Includes information about ownership transfer and related forms for manufactured housing (mobile homes).
Forms provided by the division of the Texas Comptroller for claiming unclaimed property of the deceased.
A surviving spouse may be able to administer the estate on their own, without going through the courts. This is known as "informal administration of community property." It may be used when:
The spouse can collect and sell community assets, pay community debts, and distribute property to the heirs according to the law. Court supervision doesn't seem to be required, but the spouse must keep a full and fair accounting of all debts, expenses, and distributions.
In some cases the community property laws can be used to probate the estate. This is accomplished by informally administering community property.
