How do I change ownership of a property, with no deed, and the owner is dead.

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How do I change ownership of a property, with no deed, and the owner is dead.

My father-in-lawRamonbought our house from his father-in-lawJulio. Julio had
past before Ramon had the deed transferred. Now Ramon has given the house to his
daughter,my wife, and I. How, and what do I need to do to have the deed put in
our name. There are no certified documents of the purchase, just a hand written
noteno notary seal from Julio to Ramon. The familyall who have claim knows of
the purchase, and do not contest the ownership. Can you point me in the right
direction.

Asked on July 18, 2016 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

What you can do depends on your relationship to the owner. If the owner is a relative, then the estate may need to be probated.  If it's a small estate, then it may be subject to a transfer by what is called an affidavit of heirship. 
If you were not related to the owner, but instead the deed arose because of some type of contractual obligation, then you may need to file a suit to clear title as a separate action or as part of a probate. The purpose of the suit is to enforce any rights by a contract or in equity regarding the house.


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