Monday, May 14, 2012

Filing a Deed after a Probate Case is Finished

If you have inherited property in Texas, and have already gone through the probate process, don't forget that you may still need to have additional documents filed in the county real property records. This filing is the final step to transfer ownership, puts other people on notice that you own the property, allows the taxing authorities to update the account, and will be available to a title company in case you should ever decide to sell the property.  

In some cases, a deed will need to be filed that shows that you are now the owner of the property.

In other cases (depending on the situation), an order from the probate court may be able to be filed in the real estate records of the county where the property exists.   (however, these are very specific cases called "muniment of title" in Texas.  States other than Texas may still require a deed).

A deed from the estate must be prepared in a specific way, so that it is clear that the estate is transferring the property to the beneficiary/new owner.

Proper preparation and filing of the final paperwork will prevent questions later on, will insure that ownership is clear, will prevent disputes and allow the property to be sold or passed by will when the time comes.

If you have gone through probate and inherited property, make sure that these final steps are performed, to prevent any loose ends.

Kalish Law Office: Wills and Probate Attorneys, The Woodlands, Texas  Since 1984

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