Legal Question in Wills and Trusts in Texas

warranty deed filing info

we have filed affidavits of heirship forms for both of my husbands deceased parents. Can we file the Warranty Deeds as well,that his siblings have signed and notarized giving their share of the house to my husband, without an attorney, and do you know how soon the house will be in my husband's name after the Warranty Deed has been filed with our County's Records office?


Asked on 10/23/06, 11:36 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: warranty deed filing info

Yes. Title passes at the moment of recordation with the county clerk. Be aware that your husband will take title subject to any existing liens, easements, and other encumbrance, if any exist. Some title companies will require affidavits of heirships filed by 2 impartial parties who know the family as well. All need to be recorded in the office of the county clerk prior to the recordation of the deed.

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Answered on 10/23/06, 6:11 pm


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