Belton, TX asked in Estate Planning for Texas

Q: How can a surviving spouse with a Deed of Trust get a Deed of Warranty when spouse died 5 years ago?

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1 Lawyer Answer
James Tittle
James Tittle
  • Estate Planning Lawyer
  • League City, TX
  • Licensed in Texas

A: I am sorry to hear about the loss of your spouse. While a little more information may be needed to completely answer this question, it sounds like you might need to go through the probate process in order to transfer ownership of this property. Deeds may only be signed by a living person. Therefore, if a person has passed away they are obviously unable to sign a deed to complete this property transfer. Generally speaking you will need to either complete Heirship Affidavits or go through probate to transfer your spouse's interest in this home from the Estate to the named heirs. If your spouse left a Will, then you may probate this Will to complete the transfer. You are allowed four (4) years to admit Wills to probate. However, you may have an exception to probate this Will as a Muniment of Title even after the 4 years has elapsed. If the spouse did not leave a Will, then you may be able to complete Heirship Affidavits in order to transfer their interest to their heirs-at-law outside of the probate process. Contacting an experiences probate attorney may be necessary to complete this process. Again, I am sorry to hear about the loss of your spouse, but I do hope this information was useful to you.

Anthony M. Avery agrees with this answer

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