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All transfers of real estate in Texas are either in exchange for something, such as money or services, or for no money or services, which is a Gift Deed. Using this deed to transfer real estate property is the same as any other deed, except there is no money or services given for the transfer. The property is free.
The Gift Deed needs to be in writing. It must include the full name of the current owner and the full name, mailing address and vesting of the new owner. The property needs to be properly described.
Transfers of real property must be in writing and notarized. Deeds should be recorded in the county where the property is located. To ensure a legal change to the property title, you'll want the services of an attorney. A qualified attorney will prepare and file the real estate transfer deed.
However, Texas does not impose a gift tax on transfers of real estate between family members nor is there a capital gains tax in Texas, so you may only be liable for federal taxes. When transferring a house after death through a will or trust, estate taxes may come into play.
The County Clerk only requires an Affidavit of Death to make the transfer effective. You do not need additional proof of death to take ownership. However, you must give the title company a death certificate, obituary, or other acceptable document if you want to sell the property or use it as collateral.