Q: How do you remove a deceased (co-owner) from the deed in Texas avoiding court proceedings?
Currently, both spouses are listed on the deed. The property is located in Harris County. He is deceased and she is trying to file a TODD. She is unable to file it because it requires both owners signature.
A:
The TODD would have had to have been signed by her husband and recorded in the Deed Records before he died.
Her husband's interest passed to his heirs at his death. If he did not have a Will, his heirs include her as his spouse, any children, and (if any of his children died before him) any other descendants of his pre-deceased child(ren) per stirpes. If he did have a Will, his heirs will be identified in the Will but the Will will have to be probated.
She can successfully "remove him" from the deed by filing an affidavit of heirship and having every one of his heirs sign a deed conveying their interest to her.
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