Texas Warranty Deed

[nbcolt45]

What is the name of your state (only U.S. law)? Texas

Hi there - first time posting.

My father passed away in March 2016 and he owned a lot that is appraised at ~2,700. He was married to my step-mother and she is wanting to give the property to my brother and I.

My step-mother gave us his death certificate and she was hoping that is all we need to transfer the title/deed. I called the HOA and they stated that they will need a Warranty Deed filed with the county.

The title registered with the county has his name only.

I did speak with an attorney briefly and he mentioned that I would need a couple of affidavits - however, he was talking so fast I didn't hear what he was saying specifically.

Any help would be greatly appreciated!

Thanks -

 

[adjusterjack]

Sorry, but that property will have to be probated.

Did he have a will saying who the property goes to?

If not, then it's intestate property and you and his wife would have a share. She, of course, can disclaim her part.

But somebody will have to open probate with the court and be appointed representative of the estate and handle the transfer of the property.

It should qualify for small estate treatment as long as everything else they owned was owned jointly.

Go on the probate court website in the county where the property is located. You should be able to get forms and instructions. If you have trouble come back and tell me what county.

 

[nbcolt45]

Thanks for the response!

My step-mom did not volunteer to show us the will...we're not too sure why...but they were married for over 35 years - so we are not making it an issue.

This is Brown county

Question: She lives in Reno, NV - so I know she will not want to come down to Texas for a court hearing. Is there something that I can ask her to sign so she does not have to be present?