Legal Question in Real Estate Law in Texas

Re: Deeding Undivided Property with Partial Clear Title

You are making it too complicated and expensive. You don't need to pay for a survey. The heirs inherit an "undivided 1/4 interest." The decedent's heirs just need to join in the conveyance when the property is ultimately sold, or convey all of their interest (which would be 1/4) to the others. On the affidavit of heirship, each heir plus 2 impartial uninterested parties need to do an affidavit so that title will be insurable. The form of affidavit needs to follow TX statutory guidelines.

Re: Deeding Undivided Property with Partial Clear Title

I know the question refers to Texas law, and I don't profess to know how this works in Texas. However, if the land were in California, the method proposed ("sawing off" 1/4 of the property) wouldn't work. Each of the four siblings had (prior to the death of one) an undivided interest in the entire parcel. That means the heirs have a 1/4 interest in every square inch of the property, and that interest cannot be squeezed into one corner by survey, appraisal or any other means except by deed in which all interested parties participate, or by court order after an appropriate proceeding to which all interested parties have been joined.

If the parties (including all the heirs) cannot be located and persuaded to participate, an action for partition would be the way to proceed.

I offer this answer in case any California folks are browsing LawGuru and have a similar issue.