Legal Question in Real Estate Law in Texas
Real Property Deed
Which legal form for recording with the county clerk do I use to remove my father's name from the deed to my parent's home following his death in March. The original deed shows them as joint owners of the property. There is no mortgage. My father left all of his estate to my mother. Probate is not required. I have experience executing deeds, title transfers, liens, etc. Is this form available through this Web site? Thank you very much.
2 Answers from Attorneys
Re: Real Property Deed
I believe there are two Judicial Council forms you need to obtain, study, fill out and file. They are:
Form RE-D12, Affidavit-Death of Joint Tenant, and
Form LS-245, Change in Ownership Statement.
I suggest you go to the courthouse in the county where the property is located and talk to one of the clerks in the Probate section or department of the Superior Court. The clerks can tell you how and where to get the forms (probably they sell them somewhere at the courthouse).
You will need particulars regarding the joint tenancy deed and a copy of the death certificate.
I can't assure you this is all you have to do, but it is at least a start.
Re: Real Property Deed
I need to supplement my answer. LawGuru put this out as a joint California/Texas question, probably because you live in one of these states and the property is located in another. I am a California lawyer and my answer refers to forms designed by the California Judicial Council. IF THE PROPERTY IS IN TEXAS, these aren't the right forms......however, Texas probably has a somewhat similar process and inquiry at the probate department of the appropriate Texas county would be a good starting point.
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