Video: Can you remove someone’s name from a property deed in texas?

Let's talk about a common misconception that I see when it comes to Texas property after someone has passed away.

My name is Whitney Thomas. I am a Texas estate planning, probate, and guardianship lawyer and I'm the owner of the Whitney Thomas Law Firm in San Antonio, Texas.

It's important to note that estate planning and probate laws are statutory and that means the law surrounding these areas, changes from state to state. I'm a Texas lawyer so I can only provide general information about Texas law.

When a loved one passes away and owns real estate at the time of their death, family members usually believe that they need to removed the deceased person’s name from the deed of the property. This is wrong. You cannot remove someone’s name from a property deed in Texas.

The process that you may actually be referring to is the transfer of the decedent’s property interest - either to the heirs at law or beneficiaries named in the Will. Now, it is important to know that property interests of a deceased person immediately pass to heirs or beneficiaries upon the date of death. However, assistance of a probate attorney may help can put that conveyance in writing through proper deed drafting or by completing an Affidavit of Heirship. It is important that you consult with a licensed Texas attorney if a loved one has died owning a real estate interest.

A probate attorney can also help make a determination if the real estate may need to be included in estate administration procedures to ensure the deceased person’s final affairs are taken care of.