Property Transfer After Death

Summary

In Texas, property cannot remain indefinitely in a deceased persons name. You will need to probate the estate or file an Affidavit of Heirship. There is no specific timeline, but starting the process soon is advisable to avoid potential legal issues. Consult a local probate attorney for specific advice.

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Ursula Schlemmer
Hello Ursula Schlemmer. How can I assist you with your legal concerns today?
My common law spouse recently died. My name is not on the deed. I am continuing to reside at our home. Can I leave the deed in his name and not have to file affidavit of heirship o
Hello Ursula, I'm sorry for your loss. To better assist you, could you please tell me which state you're living in? Property law and inheritance can vary greatly depending on the location.
Texas.
In Texas:
- If the deceased spouse didn't have a will, property typically goes to the nearest kin.
- Filing an Affidavit of Heirship can help clarify ownership.
- Consult a local probate attorney for specific advice.
Can I leave deed in deceased spouses name? I am not named on deed but still reside in the home.
In Texas:
- Property can't stay indefinitely in a deceased person's name.
- You'll need to probate the estate or file an Affidavit of Heirship.
- It's advisable to consult a probate attorney for specifics.
How long can property remain in deceased persons mame
In Texas, there's no specific timeline for transferring property from a deceased person's name. However, it's advisable to start the probate or heirship process soon to avoid potential legal issues. Consult a local probate attorney for further guidance.