Q: To Terry Lynn Garrett: How could I obtain a deed for my deceased mother's home?
Ms. Garrett: There are three of us. It is my middle brother who changed the locks. I have an affidavit of heirship form that I filed. How could I obtain a deed for my ceased mother's home?
A:
If your mother has died, you will want to get the deed, with title insurance, in the name of her heirs (or, if she left a Will, her beneficiaries. A title company will issue a title insurance policy based on an Affidavit of Heirship. A court will not enforce an Affidavit of Heirship until five years have passed with no one coming forward to challenge it.
Many attorneys believe that the better approach is to probate the estate by filing an Application for Determination of Heirship and Issuance of Letters of Administration with the local probate court (or, if there is no probate court in the county where the person died, the county court.) The estate administrator can then record a Distribution Deed with the county clerk where the property it located.
Please note that there is now a bill before the Texas state legislature which will allow heirs to partition (divide) property. This may mean forcing a sale of the home and dividing the proceeds. The bill seems likely to pass.
A probate attorney in your county should be able to help. In Texas probate (proving a will or an heirship) is neither as costly nor as time-consuming as many people imagine. In addition, the estate, not the applicant, pays.
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