Tx Executors Purchase Without Probate
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FAQ
Preparing to sell the house You generally cannot handle inheritance of property without grant of probate or without court approval, including a title search (attempting to do so can expose you to tax penalties or legal issues).
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.
In Texas, the will can direct the executor to go after independent administration. This makes the process much easier. It gives more freedom to the executor outside of the control of the court. If this is granted the executor does not have to ask permission from the court to sell the house named in the will.
If your loved one did not leave a will and the estate's assets are valued below $75,000, then by Texas law full probate isn't necessary. In these cases, the executor or beneficiaries just need a small estate affidavit in order to collect assets.
A transfer on death deed (TODD) is a legal document that allows a person to transfer ownership of their property after they die. By using a TODD, a person can transfer the property directly without going through probate. This procedure can be used for property like land, houses, buildings, and vehicles.