“How do I get my deceased loved one’s name off the title to the house?”

I get this question often: “Can you help me take (INSERT DECEASED FAMILY MEMBER’S NAME) off the title of the house?”

When your loved one dies and their name is on the title of the house, you have several options in Texas but none of them is as simple as this question implies. 

Determining the best course of action to “take the person’s name off the title” requires an in depth discussion about the person’s heirs and the property itself. Examples of the types of questions: Was the person married or unmarried? Did they have any children? Who were the parents of the children? When was the property purchased? Did the person leave a Will? 

In addition to getting the answers to those questions and others, it is important to search the title in the deed records to verify that the record title owner is the person who the surviving family member(s) think it is. Sometimes we discover that the record title owner is not clear into the person who just died and additional work needs to be done to clear title. 

People often confuse record title with the appraisal district records. Record title is the last person who has clear title ownership of the property. You cannot search the appraisal district records and determine the record title owner from the appraisal district record alone. Often, the owner according to the appraisal district records matches the record title owner, but that is not the case 100% of the time. The record title owner is determined by searching the deed records for the county where the real property is located. 

After we understand the heirs and certain aspects of when the property was obtained, we can come up with the best option for transferring the deceased person’s interest to the proper person or people. Sometimes probate is the best option and sometimes it is an affidavit of heirship. Facts and circumstances for that specific person and the real property will dictate what is the best way to proceed. Consultation with an experienced probate attorney is advised. 

"Ready to take the next step?

Let’s work together to protect your family’s future. Whether you have questions or are ready to get started, we’re here to guide you every step of the way.

Reach out today and let’s create a plan that gives you peace of mind and ensures your loved ones are cared for Contact Us Here or Give us a Call at 832-557-4593.

Make sure to Follow us to stay up to date with all we are doing!

Instagram | Facebook | LinkedIn |