⸺ On this page
1. Start with how the property was titled
2. The routes, from easiest to hardest
3. What the title company needs
4. The mortgage, taxes, and insurance
5. When heirs inherit together
6. Don’t wait
7. Frequently asked questions
Start with how the property was titled
Before anything else, pull the last recorded deed. It answers most of the question.
| How it was held | What happens at death |
| Transfer on death deed recorded before death | Passes automatically to the named beneficiary — no probate for that parcel |
| Lady bird (enhanced life estate) deed | Passes automatically to the remainder beneficiary |
| Held in a funded living trust | Passes under the trust; the successor trustee deeds it out |
| Valid survivorship agreement between spouses | Passes to the surviving spouse |
| Sole name, valid will, no unsecured debt | Muniment of title is often available |
| Sole name, valid will, debts or accounts to collect | Independent administration |
| Sole name, no will | Heirship, then usually an administration |
| Co-owned as tenants in common | The decedent’s undivided share passes through their estate |
Texas does not presume survivorship. Two people on a deed does not mean the survivor automatically takes the whole thing. In Texas, a right of survivorship must be created by a written agreement or by express language — otherwise the decedent’s undivided interest passes through their estate to their heirs or devisees.
The routes, from easiest to hardest
1. A death-transfer deed already exists
If a transfer on death deed or lady bird deed was properly recorded before death, the property passed at the moment of death. Typically you record a certified death certificate and an affidavit of the facts of death in the county real property records, and title is clear. Cheapest and fastest by a wide margin.
2. Muniment of title
Where there is a valid will and the estate owes no unpaid debt other than debt secured by a lien on real estate, the court can admit the will as a muniment of title. The order itself transfers the property. One hearing, no executor, no administration — and a mortgage does not disqualify you. This is the workhorse for Texas families with a will and a house.
3. Affidavit of heirship
Where there is no will, a recorded affidavit of heirship sets out the family history and creates a record of who the heirs are. Under Texas Estates Code § 203.001, it becomes prima facie evidence of the facts stated once it has been of record for five years or more. Many title companies will accept one before then on their own underwriting judgment; some will not.
4. Judicial determination of heirship
A Chapter 202 court proceeding producing a judgment that declares the heirs and their shares, with an attorney ad litem appointed for unknown heirs. Slower and more expensive than an affidavit, and accepted everywhere. Required when heirs are missing or in disagreement, when a minor is involved, when significant mineral interests are at stake, and before heirs can agree to an independent administration under § 401.003.
5. Administration
Where debts must be paid, assets collected, or property sold by a representative, you need independent administration — or, if the family cannot agree, dependent administration. The executor or administrator then signs a deed conveying the property.
One route that usually does not work here. A small estate affidavit can transfer the homestead in limited circumstances, but it cannot be used to transfer any other real property — not a rent house, not acreage, not a second home. Families often reach for it and find it does not fit.
What the title company needs
The practical test is not “what does the law allow” but “what will this underwriter insure.” Ask early, because the answer shapes which route is worth pursuing.
Certified death certificate for every deceased person in the chain of title.
The last recorded deed and the legal description.
Proof of who now owns it — a certified muniment order, an heirship judgment, letters testamentary plus an executor’s deed, or a recorded affidavit of heirship.
Evidence the estate’s debts are handled, or that no administration is necessary.
Marital history — marriage licenses and divorce decrees, because a surviving spouse’s homestead and community property rights affect what can be conveyed.
Signatures from every heir when the property is being sold out of an heirship, including the ones who live out of state and the one nobody has spoken to.
Call the title company before you file anything. Underwriters differ on how long an affidavit of heirship must be of record before they will rely on it, and on whether they will insure off a muniment order alone. Ten minutes on the phone can save you from choosing a route they will not accept.
The mortgage, taxes, and insurance
The mortgage
The loan does not disappear at death and it has to keep being paid. But the lender generally cannot accelerate it.
Garn-St Germain Depository Institutions Act, 12 U.S.C. § 1701j-3
On residential real property containing fewer than five dwelling units, a lender may not exercise a due-on-sale clause for certain transfers — including a transfer to a relative resulting from the death of a borrower, a transfer to a spouse or child, a transfer resulting from a divorce decree or property settlement, and a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and there is no transfer of occupancy rights.
Contact the servicer, tell them the borrower died, and ask to be recognized as a successor in interest. That status is what lets them speak with you, send you statements, and accept your payments while title is being cleared.
Property taxes
Keep them current. The homestead exemption does not automatically follow to an heir — an heir who occupies the property may qualify in their own right, and Texas permits heir property owners to claim the exemption in certain circumstances with supporting documentation, but an over-65 or disabled tax ceiling generally does not transfer to someone who does not independently qualify. Contact the county appraisal district after the transfer.
Insurance
Notify the insurer promptly. A policy in a deceased person’s name can fail exactly when you need it, and vacant property is frequently excluded from coverage after a set period. A house that burns while uninsured is a total loss that no probate procedure can fix.
When heirs inherit together
Three siblings inherit a house. Each owns an undivided interest in all of it — not a specific room, not a third of the lot. Nobody can sell without the others.
Every co-owner can generally use and occupy the whole property, is responsible for their share of taxes, insurance, and maintenance, and can sell or mortgage their own undivided interest to a stranger. That last one is how families end up co-owning a house with an investor.
The options
- Agree. A written co-ownership agreement covering who pays what, who may occupy, how decisions get made, and how someone exits.
- Buyout. One heir buys the others’ interests, often with a mortgage or a note.
- Sell and split. The clean answer when nobody wants to keep it.
- Partition. A court action to divide the property or order it sold and split the proceeds. Available as of right, and the last resort — slow, public, expensive, and hard on families.
Try mediation before partition. Most partition suits are about grief, fairness, and history rather than about real property law. Jireh is a trained mediator as well as a probate and real estate attorney, and a facilitated conversation frequently produces a buyout everyone can live with for a fraction of what litigation costs.
Don't wait
Nothing about this gets easier with time, and several things get permanently worse.
- The four-year deadline. Estates Code § 256.003 — after four years the will generally cannot be admitted, and the intestacy statutes take over instead of your parent’s actual wishes.
- Witnesses die. Heirship affidavits and proceedings need people who knew the family. Those people are not getting younger.
- Heirs multiply. Every heir who dies before the title is cleared adds their own set of heirs to the problem. A clean three-way split becomes eleven people across four states.
- Interests get sold. One heir who needs money can sell their undivided share to an investor who then has standing to force a partition.
- Taxes and liens accrue. Unpaid property taxes compound and can end in a tax sale.
If someone died years ago and the house is still in their name, the situation is usually still fixable. It is just no longer simple, and that is an argument for calling now rather than next year.
Frequently asked questions
How do I get my parent's house into my name in Texas?
It depends on how the property was titled and whether there was a will. If a lady bird or transfer on death deed was recorded before death, the property already passed automatically and you only need to record proof of death. If there was a will and the estate has no unsecured debt, muniment of title is often the fastest route. If there was no will, you generally need an affidavit of heirship or a judicial determination of heirship. The right answer is whichever one your title company will accept.
Can I just keep paying the mortgage and leave it in my parent's name?
People do, and it causes problems later. You cannot sell or refinance property titled in a deceased person’s name, the homestead exemption may be lost, insurance can be denied for lack of insurable interest, and every year that passes makes the title harder to clear as witnesses die and the four-year deadline to probate a will runs out. Handle it while it is simple.
Will the bank call the loan if I inherit the house?
Generally no, for residential property. The Garn-St Germain Depository Institutions Act (12 U.S.C. § 1701j-3) bars a lender from enforcing a due-on-sale clause on residential property of fewer than five dwelling units for several transfers, including a transfer to a relative resulting from the borrower’s death. The loan does have to keep being paid, and you should notify the servicer and establish yourself as a successor in interest so they will talk to you.
What is the deadline to probate a will in Texas?
Generally four years from the date of death (Texas Estates Code § 256.003). After that a will normally cannot be admitted unless you prove you were not in default in failing to present it sooner, and letters testamentary generally cannot issue unless the application was filed within the four years. Families who leave a house in a deceased parent’s name for five years often find the will can no longer be used, and the property passes under the intestacy statutes instead.
What will the title company want to see?
Documentary proof of who now owns the property, in a form their underwriter will insure. That usually means one of: a certified order admitting a will as muniment of title, an heirship judgment, letters testamentary plus a deed from the executor, a recorded affidavit of heirship (sometimes with a seasoning period), or a recorded death certificate and affidavit where a TOD or lady bird deed governs. Ask the title company early which they will accept — underwriters differ.
We inherited the house together and one sibling won't sell. What now?
Co-owners each hold an undivided interest, and none can force the others to sell voluntarily. The legal remedy is a partition action, which asks a court to divide the property or order it sold and the proceeds split. Partition is slow, public, and expensive, and it ends relationships. Because Jireh is a trained mediator as well as a probate attorney, the first conversation is usually about whether a buyout or a written co-ownership agreement gets everyone somewhere better than a lawsuit would.
Does the homestead exemption carry over to me?
Not automatically. The exemption belongs to the qualifying owner-occupant. An heir who lives in the home may qualify for a homestead exemption in their own right, and Texas allows heir property owners to claim it in certain circumstances with supporting documentation. An over-65 or disabled person’s tax ceiling generally does not transfer to an heir who does not independently qualify. Contact the county appraisal district after the transfer rather than assuming.
Written and reviewed by Jireh Davis, J.D., MBA
Attorney and mediator at J. Davis Law & Mediation. Licensed in Texas. Practice focused on estate planning, probate, and business law for families and owners across Harris, Fort Bend, Montgomery, Tarrant, and Dallas Counties.
Last reviewed: September 2026 · Citations are to the Texas Estates Code, Texas Property Code, and federal law as noted.
Related pages
Muniment of Title
One hearing, and the order transfers the house.
Heirship
Establishing the legal heirs by affidavit or judgment.
Lady Bird & TOD Deeds
Prevent this for the next generation.