Site icon Dock Line Magazine

Legal Issues: Texas Real Property Transfer on Death Act

The following is provided for informational purposes only and is not, nor should it be construed as legal advice.

Effective on September 1, 2015, Texas joined a growing group of other states by passing legislation that can transfer title to real property upon the death of a person without going through probate proceedings.  It should be noted that this procedure does not eliminate the need for a Last Will and Testament or for the trust provisions in that Will, but it does fill a long needed niche for those persons who have relatively simple estates and have the ability to pass other assets owned as non-probate assets.  This article is dedicated to answering common questions which are anticipated surrounding this new law/estate planning tool.

  1. It must contain the essential elements and formalities of a deed;
  2. It must state that the transfer of an interest in real property to the designated beneficiary is to occur at death; and
  3. It must be recorded before the transferor’s death in the deed records of the County Clerk’s office of the county in which the real property is located.

It is believed that future cases filed in the court will further clarify this statute.  It should further be noted that this relatively new legislation does not replace the need for estate planning— it only puts another tool in the toolbox of your estate planning attorney when he/she is drafting your Last Will and Testament.

James Bright has been admitted to practice before the Federal Courts for the Southern District of Texas and Eastern District of Texas as well as all of the Justice Courts, Probate Courts, County Courts at Law, District Courts, Courts of Appeal and Supreme Court for the State of Texas.  He maintains an office in Houston and by appointment another at 208 McCown Street in the heart of historic Montgomery.  Contact may be made by telephone (936) 449-4455 or (281) 586-8277.  For more information about wills or probate in Texas, please see- www.houstontxprobate.com

IF YOU WISH TO SUGGEST A TOPIC FOR THIS COLUMN, SEND TO:
JAMES M. BRIGHT
14340 TORREY CHASE BLVD., SUITE 150
HOUSTON, TX 77014

EMAIL:  topics@houstontxprobate.com

Exit mobile version