How Is Property Transferred After Someone Dies (With or Without a Will)?
Transferring Property After Death in Texas: With or Without a Will
Losing a loved one is difficult, and handling their property afterward can be overwhelming especially when you’re not sure what legal steps to take.
When There Is a Will
If the deceased left a valid will, the estate typically goes through probate. During this court-supervised process:
- An executor is appointed.
- Debts are paid.
- Property is distributed according to the will.
When There Is No Will (Intestate)
Without a will, the estate is distributed based on Texas intestacy laws. This usually means:
- Property passes to the spouse and children first.
- If there are no immediate family members, extended relatives may inherit.
- A court-appointed administrator handles the estate.
Special Considerations for Real Estate
Transferring real estate may involve:
- Filing an Application to Probate a Will or Application to Determine Heirship
- Recording Affidavits of Heirship for simpler estates
- Ensuring the deed is properly transferred to the new owner(s)
Legal Help Can Save Time, Money, and Conflict
Probate and property transfers can be complex, especially if there are multiple heirs, missing documents, or title issues. Our experienced probate attorneys help families transfer property efficiently and with peace of mind. Contact a GCH Lawyer today for a free consultation!
Author: Davida L. Johnson, Associate Attorney
Griffin, Cain, & Herbig Attorneys at Law, PLLC
