After a loved one dies, there are several complex legal matters to address for the surviving family, one of which includes succession and estate administration. Below you’ll find a general overview of successions in Texas and information regarding how to proceed.
In Texas, succession is the process of transferring legal titles for all of the property owned by the decedent at the time of death, including immovable and movable properties, to the decedent’s legatees or heirs who have the right to take ownership and possession of the property after complying with Texas law. Examples of immovable property are houses and land, while examples of movable property are bank contents and personal possessions like cars or jewelry.
- Understanding and paying debts/liens an estate may have
- Title research and validation of ownership
- Making sure that buildings and structures are Appropriately marked and placed on properties
- Distributing property titles
- Establishing a new Will
- Setting up guardianship
- Writing a Trust
There are two types of successions in Texas:
An intestate succession in San Antonio occurs when a person dies without leaving a last will and testament or if the last will and testament is deemed invalid under Texas law. A person inheriting under Texas laws of intestate successions is referred to as an heir. Heirs are placed in possession of the decedent’s property by petitioning the court for recognition as the decedent’s legal heir and therefore entitled to inherit property owned by the decedent at the time of death.
Successions can be further categorized as those placed under the authority of a court-appointed administration and those for which no administration is necessary. If no administration of the decedent’s estate is required, heirs and/or legatees may be placed in possession of the estate property by petitioning to the court for a judgment recognizing their entitlement to possession. These types of successions can be completed relatively quickly and with contained costs. In contrast, successions under court administration are typically more complex and carry increased costs.
Successions are one of the most subtly complex areas of legal practice in Texas. On its face, it looks simple to the unknowing attorney; however, specific legal skills, knowledge, and acumen are required to correctly manage successions, especially when passing title to a house or land owned by the decedent. As top-recommended title attorneys, we pay special attention to ensuring that title to the property sold from a decedent’s estate or passed directly to a decedent’s heirs and legatees is clear and merchantable once the succession is finalized.
If your family member has passed away while owning an interest in a house or land for which you are trying to sell, we welcome the opportunity to consult with you about succession options. Reach out to us via phone or email today to begin working with Title Strategic Partners’s succession attorneys around San Antonio.