How to Get an Inherited House in Your Name in Texas

Short answer

Texas law vests a decedent's estate in the heirs or devisees at death, but the deed records do not update themselves. Heirs build a recorded paper trail through one of several routes, such as probating a will as a muniment of title, a small estate affidavit for a homestead, or a court judgment declaring heirship.

Your parent has died, and the appraisal district, the tax bill and the county deed records still show only their name. You may be an owner already, but nothing in the public record says so. Until it does, selling, refinancing or even claiming a homestead exemption gets harder, because title companies, lenders and tax offices work from recorded documents.

This guide walks through the Texas routes for getting heir property into the heirs' names, with the statute behind each one. For filing offices, fees and court practices in Tarrant, Dallas, Collin and Denton counties, read our DFW guide to putting heir property in your name. This is general information, not legal advice. Which route fits your family is a question for a Texas probate attorney.

Ownership passes at death; the records do not

Estates Code Sec. 101.001 says that when a person dies with a will, the property the will gives away vests immediately in the devisees, and anything it does not cover vests in the heirs at law. When a person dies without a will, the whole estate vests immediately in the heirs at law. Sec. 101.051 adds the catch: the estate vests subject to paying the decedent's debts.

So the legal question of who owns the house is often settled the day your parent dies. The practical question is proof. A buyer's title company wants a chain of recorded documents running from the person on the last deed to the people signing the new one. Every route below is a way to build that chain. Our guide to selling inherited property in Texas shows where this step fits in a sale.

First, check for a transfer on death deed

Before choosing a probate route, search the deed records for a transfer on death deed your parent may have signed. Under Estates Code Sec. 114.055, such a deed is effective only if it has the elements of a recordable deed, states that the transfer happens at the owner's death, and was recorded before the death in the deed records of the county where the property is located.

If one exists, Sec. 114.103 transfers the interest to a designated beneficiary who survives the owner by 120 hours. A beneficiary who does not survive that long loses the share. Under Sec. 114.104, the beneficiary takes the house subject to every mortgage, lien and other interest it carried at the owner's death, so an old loan does not disappear. Ask an attorney what to record to show the transfer has taken effect.

Route one: probate the will as a muniment of title

When there is a will and the estate does not need an administration, Texas offers a shortcut. Under Sec. 257.001, a court may admit a will to probate as a muniment of title if it is satisfied the estate owes no unpaid debt other than debt secured by a lien on real estate, or finds another reason that no administration is needed. A mortgage on the house, by itself, does not rule this route out.

The court's order does the work a deed would. Sec. 257.102(a) makes the order sufficient legal authority for anyone who has custody of estate property or purchases from or otherwise deals with the estate. To make the change visible in the deed records of the county where the house sits, ask your attorney about recording a certified copy.

One follow-up duty: under Sec. 257.103, within 180 days after the will is admitted, the applicant must file a sworn affidavit stating which terms of the will have been fulfilled and which have not. The court may waive that requirement or extend the deadline.

Route two: letters and an executor or administrator

When the estate has unsecured debts, assets that need managing, or heirs who cannot agree, an administration may be needed. Your attorney can tell you. The court issues letters to an executor named in the will or to an administrator. Once letters issue, Estates Code Sec. 101.003 gives that person the right to possess the estate, including the house, and hold it in trust to be handled as the law requires.

In this route the heirs do not take control right away. The executor or administrator either sells the house for the estate or later distributes it to the heirs. Ask the estate's attorney which document will be recorded to show the transfer, and keep a certified copy. If the plan is to sell, our guide on whether an executor can sell below market value covers the executor's duties.

Route three: a small estate affidavit for the homestead

For a parent who died without a will and left a modest estate, Chapter 205 can avoid an administration. Under Sec. 205.001, the heirs may use this route if:

30 days have passed since the death,
no petition to appoint a personal representative is pending or has been granted,
estate assets, excluding the homestead and exempt property, are worth no more than $75,000, and
a qualifying affidavit is filed with the clerk of the court with jurisdiction and approved by the judge.

For real estate, the key section is Sec. 205.006. If the homestead is the only real property in the estate, title to it may be transferred under the affidavit, which must be recorded in the deed records of a county where the homestead is located. A good-faith buyer for value may rely on the recorded affidavit. If your parent owned land other than the homestead, ask an attorney which route covers it.

Route four: a court judgment declaring heirship

When there is no will and no small estate affidavit fits, heirs can ask a probate court to declare who the heirs are and what share each one holds. Sec. 202.0025 allows that proceeding to be brought at any time after the death, so an heirship case remains possible years later. Under Sec. 202.009, the court appoints an attorney ad litem to represent heirs whose names or locations are unknown.

The judgment becomes part of the land records. Under Sec. 202.206, a certified copy may be filed with the county clerk where the property is located, recorded in the deed records, and indexed with the decedent as grantor and the heirs as grantees. Once filed, it gives constructive notice of the facts it states.

Route five: a recorded affidavit of heirship

Some families record a sworn statement about the family history instead of going to court. Chapter 203 sets out how this works. Sec. 203.002 provides a form for an affidavit of facts concerning the identity of a decedent's heirs.

The timing matters. Under Sec. 203.001, a court receives such a statement as prima facie evidence of the facts in it once it has been of record for five years or more in the deed records of the county where the property is located. Sec. 203.001(d) adds that the affidavit does not affect the rights of an omitted heir or a creditor. Whether a title company will insure a sale based on a recent affidavit is its own decision, so ask before you rely on one.

The four-year line for wills

Waiting has a cost. Under Sec. 256.003(a), a will generally may not be admitted to probate after the fourth anniversary of the death unless the applicant proves they were not in default in failing to present it sooner. Under Sec. 256.003(b), letters testamentary may not be issued for a will admitted after that point unless the application was filed on or before the fourth anniversary. Sec. 256.003(c) protects someone who, after the four years, buys from the heirs in good faith and for value without knowing about a will.

If your family has a will in a drawer and the four-year mark is close, talk to an attorney now. Our guide to the time limits on selling inherited property covers related deadlines.

The routes side by side

Route	Typical fit	What goes in the deed records
Transfer on death deed	Parent recorded one before death	The deed is already recorded
Muniment of title (ch. 257)	Will, no unsecured debts, no administration needed	Ask your attorney; the order itself is the authority (Sec. 257.102)
Administration with letters	Debts, disputes or assets needing management	The document the estate's attorney prepares to transfer or sell
Small estate affidavit (ch. 205)	No will, small estate, homestead is the only real property	The approved affidavit
Heirship judgment (ch. 202)	No will, heirs need a court ruling	Certified copy of the judgment
Affidavit of heirship (ch. 203)	Family records the facts without a court	The affidavit, evidence after five years

After recording: the tax account and the exemption

Once your ownership is on record, contact the appraisal district so the account reflects the change. If you live in the house, you may also qualify for a homestead exemption as an heir property owner. Tax Code Sec. 11.43(o) says the application must require an owner who is not named on a recorded deed to provide an affidavit establishing the ownership interest, a copy of the prior owner's death certificate, the most recent utility bill and a citation of any court record about the ownership, if available. Our guide to taxes on inherited property covers the rest of the tax picture, and a CPA can apply it to you.

Selling once the title is clear

Many families get the house into their names so they can sell it. Cash Home Advisors is based in Fort Worth and buys houses across DFW. We can close in 7–14 days and we pay all closing costs, and every heir who signs sees the closing statement before signing.

Read about selling an inherited house in Texas, see how our process works, or request a cash offer. More guides are in our inherited property category.

Want a cash offer instead?

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Frequently asked questions

Do I own my parent's Texas house the moment they die?

Estates Code Sec. 101.001 says a decedent's estate vests immediately in the devisees under a will, or in the heirs at law if there is no will, subject to the payment of the decedent's debts under Sec. 101.051. The public records still show your parent until a document is recorded that connects the house to you.

Can a small estate affidavit transfer a house in Texas?

Only in limited cases. The decedent must have died without a will, at least 30 days must have passed, and estate assets other than the homestead and exempt property may not exceed $75,000. Under Sec. 205.006, if the homestead is the only real property, title to it may pass under an approved affidavit recorded in the deed records of the county where it sits.

What if more than four years have passed since the death?

Under Estates Code Sec. 256.003, a will generally may not be admitted to probate after the fourth anniversary of the death unless the applicant shows they were not in default for the delay, and letters testamentary may not be issued unless the application was filed within the four years. A Texas probate attorney can tell you what remains available.

How long until a recorded affidavit of heirship counts as evidence?

Under Estates Code Sec. 203.001, a court receives a qualifying statement of facts about a decedent's heirs as prima facie evidence once it has been of record for five years or more in the deed records of the county where the property is located. It does not affect the rights of an omitted heir or a creditor.

What happens to a house with a transfer on death deed?

If the deed was properly signed and recorded before the owner's death, Sec. 114.103 transfers the interest to a designated beneficiary who survives the owner by 120 hours. Under Sec. 114.104, the beneficiary takes the house subject to its existing mortgages, liens and other interests.

Sources

General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.