How Long Do You Have to Transfer Property After Death in Texas?

Losing someone you love is one of the most difficult experiences you’ll ever face. It’s a time filled with grief, memories, and a lot of complex emotions. And when you’re dealing with all of that, the last thing you need is the added stress of trying to figure out the legal side of things, like transferring your loved one’s property.

In Texas, how long you have to transfer property after death depends on a few key factors:

1. The type of property (real estate, personal possessions, financial accounts)
2. Whether there was a will or a transfer on death deed (TODD) in place
3. If the estate is going through probate (when there’s no will)

The timelines can range from a few months to a year or more. If there is a will or TODD, the process is usually quicker. But if the estate is intestate (no will) and has to go through probate, it can take much longer.

Methods for Transferring Property After Death in Texas

There are three primary methods for transferring property after death in Texas: through probate court, by deed, or through a living trust. Let’s take a closer look at each option.

Transfer through probate court

Probate is the default legal process for transferring property after death. If your loved one left a will, the executor named in the document will handle the probate process. If there was no will, the court will appoint an administrator to manage the estate. The typical probate timeline in Texas is 6-12 months, but it can take up to two years for complicated estates.

Transfer by deed

Certain types of deeds allow property to transfer automatically upon death without going through probate. A Transfer on Death Deed, filed prior to the grantor’s death, transfers property directly to the named beneficiary. A Lady Bird Deed gives the grantor continued control over the property during their lifetime but transfers it automatically to the beneficiary upon their death.

Transfer through a living trust

A living trust is another way to transfer assets to beneficiaries without going through probate. The grantor transfers property into the trust and names a successor trustee to distribute it according to the trust terms after their death. This method can provide more privacy and flexibility than the probate process.

Factors Affecting Property Transfer Timelines

Several factors can impact how long it takes to transfer property after death in Texas:

• The size and complexity of the estate
• Whether the decedent left a valid will
• If the will is contested
• The necessity of selling real estate to pay debts or distribute assets
• Tax issues that must be resolved

In our experience, working with a skilled estate planning attorney can help minimize delays and ensure that the property transfer process goes as smoothly as possible.

Intestate Succession: Dying Without a Will in Texas

When someone dies without a will in Texas, the state’s intestacy laws govern how their property will be distributed. The statutory timelines for intestate succession are as follows:

• 4 years from the date of death to determine heirs and distribute property
• Exceptions allow more time in certain cases involving legal disability, litigation, or efforts to locate missing heirs

In an intestate situation, the probate court appoints an administrator to handle the estate instead of an executor. According to the Texas Estates Code, the administrator must follow the state’s intestacy laws when distributing the deceased’s assets to their heirs.

Transferring Specific Types of Property

Different types of property may have different transfer procedures after the owner’s death. Here’s what you need to know about transferring some common assets in Texas.

Real estate

If the property is going through probate, it will be transferred by an executor’s deed or court order. If a beneficiary deed or living trust was used, the transfer will occur automatically upon the owner’s death.

Bank accounts and investment accounts

Payable on death (POD) or transfer on death (TOD) designations allow these accounts to bypass probate and go directly to the named beneficiary. Without POD/TOD, the accounts must go through the probate process.

Vehicles

In most cases, vehicle titles are transferred via probate using an Affidavit of Heirship for a Motor Vehicle. There are some exceptions that allow immediate family members to transfer titles for low-value vehicles without going through probate.

Personal possessions

Personal items are generally transferred according to the provisions of a will or living trust. If all family members are in agreement, they can often divide up these items without a formal probate process.

Getting Help With Transferring Property After Death

Transferring property after the death of a loved one can be stressful, but you don’t have to go through it alone. Consulting with an experienced Texas probate and estate planning attorney can make the process much easier.

Proactive estate planning is the best way to ensure that your loved one’s property gets distributed according to their wishes after they pass away. With tools like transfer on death deeds and living trusts, you can help your family avoid the time-consuming and often expensive probate process.

If you’re dealing with the transfer of property after the death of a loved one in Texas, don’t hesitate to reach out to us at The Titus Law Firm in Houston. Our compassionate and knowledgeable attorneys are here to guide you through this challenging time and ensure that your loved one’s legacy is protected. Contact us today for a consultation.