Texas Inheritance

UPDATED: Oct 1, 2022

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Texas Inheritance

My previous deceased wifes name is on the deed/tax role for my house. She died without a will. All surviving children are above 50 yrs. old, and agree to give up all claims to the house as that is all there is to inherit. It is my desire to remove my previous wifes name, and add my present wifes name to the deed for tax purposes.

Is there a form that can be used for adult children to relinquish their rights to property avoiding probate?

Thank you

Asked on December 30, 2017 under Estate Planning, Texas


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

Answered 4 years ago | Contributor

You can do affidavits of heirship wherein each child agrees to give you their interest in the house.  I would strongly suggest having a probate attorney prepare the affidavits for you so that they are properly executed, thereby accomplishing what you would prefer.  Texas still permits this process for small estates as a means for avoiding a full, expensive probate.

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