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A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.
You cannot use an oral agreement to transfer real estate. The grantor must sign the deed in front of a notary or two credible witnesses. A grantor can only transfer their own rights to property. That means if more than one person owns the property, each owner must sign.
In Texas, there is a presumption that all property acquired during the marriage is community property unless proven otherwise. This means that even if your name is not on a deed, the property may still be considered community property by default.
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, you record your deed with the County Clerk in the county where the property exists. If the property is in more than one county, record it in each. It is important to record your deed. In Texas, the property is legally transferred when the grantee accepts the signed deed.