Note The library cannot tell you what the law means for your situation.
Sometimes it can be more difficult to transfer property without formal administration. Methods vary from state to state. Some out-of-state companies may not be familiar with alternative procedures used in Texas.
This can be a problem when dealing with a bank or other institution. Some companies may require a formal document like "letters of administration."
It's a good idea to talk to an attorney to determine which method works best for you.
If there is a will, you may be able to probate it as a "muniment of title." This option is available when:
This faster alternative allows the heirs to collect the property directly from banks and other institutions. There is no administration or executors. However, the beneficiaries will likely need an attorney to file the application with the court.
Muniment of title is commonly used when the only asset transferred by the will is real property. If the court approves the application, you'll need to file the court order and a copy of the will with the county clerk's office. This is done in the county where the property is located and helps establish a chain of title.
Certain estates may qualify for a "small estate affidavit." Small estate affidavits can be used when:
Heirs can use a small estate affidavit to collect property directly from banks and other institutions. The court must first approve the application.
If there is a homestead, the heirs will need to record a copy of the court-approved affidavit in the property records. It must be filed in the county clerk's office where the property is located. This will help establish a clear chain of title and allow the heirs to sell the property.
Courts often have specific rules about small estate affidavits. Make sure to check any local requirements before you apply.
Determination of heirship is a legal proceeding to determine the heirs and their share of inheritance. It's mostly done when there is no will. The process is often part of formal administration, but it can also be used on its own when combined with an order of no administration.
In their application, the heirs must ask the court to declare whether the estate needs administration. If it doesn't, the court will declare who the heirs are and issue an order saying that administration isn't needed. The heirs can then use the court order to collect estate assets from banks, transfer title to real estate, etc.
To transfer real property, you'll need to file a copy of the court orders in the property records. This must be done in the county where the property is located. Doing so will help establish a clear chain of title.
An affidavit of heirship is a sworn statement that lists the heirs to the property of the deceased. It's written and signed by someone with knowledge of the family history, but the information isn't verified by the court. It doesn't carry the same legal authority as other methods, but is sometimes used to claim ownership of:
To claim ownership of real property, the affidavit must be filed with the county clerk's office where the property is located. Real estate buyers and title companies commonly accept affidavits of heirship as proof of title, but it does involve some risks to the buyer.
There is no law that requires third parties to accept affidavits of heirship. Institutions like banks usually don't accept them.
A surviving spouse may be able to administer the estate on their own, without going through the courts. This is known as "informal administration of community property." It may be used when:
The spouse can collect and sell community assets, pay community debts, and distribute property to the heirs according to the law. Court supervision doesn't seem to be required, but the spouse must keep a full and fair accounting of all debts, expenses, and distributions.
If estate assets fall below a certain value and the family needs financial support, the court may order a family allowance and issue an order of no administration. This can be done whether or not there is a will. An order of no administration may be granted when:
The court order allows the family to collect estate assets directly from banks and other institutions. It also grants them legal ownership of all exempt property and cuts off most creditor claims (except for mortgage and secured debts).
To avoid costly litigation, the heirs and beneficiaries may agree among themselves on how to divide the property. Such family settlement agreements are typically used to resolve will disputes. Family settlement agreements are enforceable just like any other contract and may differ from what's stated in the will as long as all the parties agree.
If there are any beneficiaries under 18 years old, family settlement agreements cannot be used, as minors cannot legally enter into contracts.
Note The library cannot tell you what the law means for your situation.