Selling Property when there has been a death in the Chain of Title & Intestate Succession in the State of Texas

Title to a property owned by a deceased person aka the “Decedent” passes to their heirs immediately upon death, but administration of the estate is still necessary to document the transfer of title.

In the state of Texas, when someone dies without a Will or the heirs do not probate the Will, a title company can often rely on Affidavits of Heirship. An Affidavit of Heirship must be executed by one direct member of the family of the decent and corroborated by at least two disinterested persons, who have no potential for profiting from the property. The affiants must be able to swear to facts regarding the decedent’s marriages, children, parents, siblings and financial matters.

To obtain the needed facts, a questionnaire is sent to the one direct member of the family by our team. Those questionnaires are then returned to our attorney for review and preparation of the Affidavit of Heirship. When the Affidavit is ready, the affiants will acknowledge them in the presence of a notary and then are sent to our examiners for review and approval. Upon approval, the title commitment is updated to reflect the correct heirs on title based on Texas Estates Code on intestate succession.

In many cases intestate succession does not pass title the way most people would think it does, leaving people very surprised as to who really owns the property.

Take a look at these Texas intestate succession charts:

Title Tip:  A title company will not insure until heirship is resolved!

Have questions about Affidavits of Heirship, intestate succession or selling property when there has been a death in the chain of title? Contact our office today.