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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.
Gift deeds in Texas are valid; however, there are strict requirements for gift deeds in Texas. Therefore, if you have a document that might be a gift deed or if someone is claiming they have a gift deed to a property that should be yours, you should contact an attorney as soon as possible.
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.
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.
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.