QUESTION

Transfer property deed

Asked on Jul 24th, 2018 on Wills and Probate - Texas
More details to this question:
My mother passed away 5 years ago and did not leave a will. We are a total of 5 siblings and all are in accordance that the property should be left to me since I took care of my parents until death. I still live in the house and would like to change the title deed in my name. what do we have to do?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
If your father predeceased your mother and her only children were with him, there are two relatively low cost possibilities.  First, two people who will not inherit and who can testify that you and your siblings are the heirs and the only heirs can sign an Affidavit of Heirship before a notary public and record it in the county deed records.  Then each of your siblings can deed their interest in the property to you.  Note that a court will not enforce an Affidavit of Heirship until it has been of record for five years with no one complaining that it is incorrect.  (It is usually worthwhile to have an attorney review this first.) Second, if your mother left no more than a home, $60,000 in personal possessions and household goods, and $75,000 in other assets (such as a bank account) you and your siblings and two people who will not inherit and who can testify that you and your siblings are the heirs and the only heirs can sign an Affidavit of Small Estate and file it with your mother's death certificate in the local probate court.  (In smaller counties this is a county court at law).  After the judge admits it, your siblings can deed their interest in the property to you. (It is usually worthwhile to have an attorney review this first.) In both cases, you will want an attorney to draw up the deeds.  These, too, must be recorded in the county clerk's deed records.  
Answered on Jul 25th, 2018 at 5:14 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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