We recently finished probate for my MIL and got all the approved documents back from the court. The judge approved a small estate affidavit showing the distributees of the estate. When I contacted the County Clerk about how to transfer my MIL's interest in the property to her heirs, they said all we have to do is prepare a new deed transferring the property and file it. The clerk does not automatically do this when they receive the documents from the probate court.

Where I'm getting hung up is the part of a General Warranty Deed that states something to the effect of "For the sum of _____ dollars and other valuable consideration ..." The property is being transferred from a deceased person to their heirs, there is no transacting of money or other "valuable consideration."

I'm looking for advice on how to approach this issue to prepare an appropriate deed.

Alternatively, when we place the property on the market, is it reasonable to include this transfer among the work the title company is required to do during the processing of the sale? Would a title company just prepare the deed for us and we go file it independent of a sale?

I'm not a lawyer, but I think you should be preparing an Executor's Deed which is considered special warranty deed.

As far as I'm aware, a general warranty deed is used when there is a 'sell' involved. In this case, if the executor,or heirs, were to sell real estate during the probate process, they will typically use a general warranty deed to transfer the title to the buyer. However, that does not appear to be happening here.

In this case, there is no executor because she died intestate.

Then, I think you want an Administrator's Deed.

If she died intestate then the property should pass at her death to her heirs according to the Texas Intestate Succession laws.

https://www.oldrepublictitle.com/media/3182/tx-intestacy-chart.pdf


So you wouldn't necessarily need to file a Conveyance of record.
This said, would hire an attorney to help you do this right. More title issues come from intestate succession than any other place.

EnglishElhew07 said:

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If she died intestate then the property should pass at her death to her heirs according to the Texas Intestate Succession laws.

https://www.oldrepublictitle.com/media/3182/tx-intestacy-chart.pdf

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We have a court approved small estate affidavit which formally established the distributees of the estate and covers this base.

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So you wouldn't necessarily need to file a Conveyance of record.
This said, would hire an attorney to help you do this right. More title issues come from intestate succession than any other place.

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We originally hired a probate attorney to handle all this stuff three years ago. She took our money and did as close to absolutely nothing as she could, and when the retainer ran out she just said, "There's nothing more I can do for you" and stopped responding to us. Ultimately, she made the process much more difficult and problematic than it needed to be, and I was the one who actually got us through probate, despite all the incorrect information she gave us. Please forgive me if I'm a tad gun-shy on throwing more money at attorneys.

Since my OP, the probate coordinator advised me to file to name an administrator, who can then execute an Administrator's Deed.

dudeabides said:

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Then, I think you want an Administrator's Deed.

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Thank you. This information was very helpful.

Ryan the Temp said:

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EnglishElhew07 said:

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If she died intestate then the property should pass at her death to her heirs according to the Texas Intestate Succession laws.

https://www.oldrepublictitle.com/media/3182/tx-intestacy-chart.pdf

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We have a court approved small estate affidavit which formally established the distributees of the estate and covers this base.

Quote:

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So you wouldn't necessarily need to file a Conveyance of record.
This said, would hire an attorney to help you do this right. More title issues come from intestate succession than any other place.

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We originally hired a probate attorney to handle all this stuff three years ago. She took our money and did as close to absolutely nothing as she could, and when the retainer ran out she just said, "There's nothing more I can do for you" and stopped responding to us. Ultimately, she made the process much more difficult and problematic than it needed to be, and I was the one who actually got us through probate, despite all the incorrect information she gave us. Please forgive me if I'm a tad gun-shy on throwing more money at attorneys.

Since my OP, the probate coordinator advised me to file to name an administrator, who can then execute an Administrator's Deed.

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Please tell me you filed a grievance with the state bar.

Where do you live?

And you need to get an attorney to prepare the document conveying the property. Otherwise title could get screwed up and no one may ever be able to pass good title without an expensive lawsuit being filed first.

As an attorney, I can tell you that you need an attorney.

This is not advice, but you likely need to file an application to determine heirship and for letters testamentary.

bradtheag said:

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This is not advice, but you likely need to file an application to determine heirship and for letters testamentary.

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The first part is already done. The second part is an order appointing an administrator.

Got a Natty! said:

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Where do you live?

And you need to get an attorney to prepare the document conveying the property. Otherwise title could get screwed up and no one may ever be able to pass good title without an expensive lawsuit being filed first.

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Property is in Montgomery County. I have an attorney lined up who can prepare the administrator's deed for a couple hundred bucks.

Martin Cash said:

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Ryan the Temp said:

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EnglishElhew07 said:

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If she died intestate then the property should pass at her death to her heirs according to the Texas Intestate Succession laws.

https://www.oldrepublictitle.com/media/3182/tx-intestacy-chart.pdf

---

We have a court approved small estate affidavit which formally established the distributees of the estate and covers this base.

Quote:

---

So you wouldn't necessarily need to file a Conveyance of record.
This said, would hire an attorney to help you do this right. More title issues come from intestate succession than any other place.

---

We originally hired a probate attorney to handle all this stuff three years ago. She took our money and did as close to absolutely nothing as she could, and when the retainer ran out she just said, "There's nothing more I can do for you" and stopped responding to us. Ultimately, she made the process much more difficult and problematic than it needed to be, and I was the one who actually got us through probate, despite all the incorrect information she gave us. Please forgive me if I'm a tad gun-shy on throwing more money at attorneys.

Since my OP, the probate coordinator advised me to file to name an administrator, who can then execute an Administrator's Deed.

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Please tell me you filed a grievance with the state bar.

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I considered it, but I didn't want to waste any more time on her. I'd rather just forget I ever met her. We could have lit the $2500 on fire and it wouldn't have had a different outcome.