Legal Question in Real Estate Law in Texas

Name of deceased on property title

We discovered that our mother's name is still listed on the title to our home under Et AL. The property was deeded to us by her surviving spouse 5 years after her death. There was not a will & the estate did not go through probate. The county office is telling us that there is no way to remove her name without probate. Is there any way to do this without having probate? What do we need to do? How long will it take?


Asked on 6/01/07, 3:17 pm

1 Answer from Attorneys
Kathryn Perales PMI Oil Tools

Re: Name of deceased on property title

I'm not sure what you mean by "et al."

But the answer to your question is that if your mother died without a will, then title to her property can probably be settled using an Affidavit of Heirship, which is a relatively simple document which recites her family history and who would have inherited her property. It can be a very quick process, as going to court is not involved.

You should contact a local lawyer to inquire about clearing title using an Affidavit of Heirship, and after asking you some questions to ascertain the specific situation, that lawyer will probably be able to prepare the document for you.

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Answered on 6/01/07, 3:36 pm


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