What Happens to Jointly Owned Property in Texas When an Owner Dies?
When a joint owner dies in Texas: Texas law names no affidavit to record when a joint owner dies. A written survivorship agreement passes the interest to the survivor, and a community property survivorship agreement takes effect without a court orderTex. Est. Code chs. 101, 111 (subch. A), 112; Tex. Prop. Code chs. 11, 12, 13; Tex. Loc. Gov't Code chs. 191 to 195; Texas Title Examination Standards chs. XIII, XIV, XIXVerified Oct 26, 2026View source.
Texas law names no affidavit to record when a joint owner dies. A written survivorship agreement passes the interest to the survivor, and a community property survivorship agreement takes effect without a court orderTex. Est. Code chs. 101, 111 (subch. A), 112; Tex. Prop. Code chs. 11, 12, 13; Tex. Loc. Gov't Code chs. 191 to 195; Texas Title Examination Standards chs. XIII, XIV, XIXVerified Oct 26, 2026View source.
Texas has two survivorship vestings: joint tenancy with right of survivorship, made by a written agreement between joint owners, and community property with right of survivorship, made by a written agreement signed by both spouses. A surviving spouse may ask the court for an order adjudging the community property agreement valid; certified copies of the agreement and order may be recordedTex. Est. Code chs. 101, 111 (subch. A), 112; Tex. Prop. Code chs. 11, 12, 13; Tex. Loc. Gov't Code chs. 191 to 195; Texas Title Examination Standards chs. XIII, XIV, XIXVerified Oct 26, 2026View source.
Texas law names no instrument for a transfer on death deed beneficiary to record. A beneficiary who survives the owner by 120 hours receives the property under the deed. The Texas Transfer Toolkit affidavit of death is a legal-aid form, not one a statute prescribesTex. Est. Code §§ 114.001 to 114.106; Tex. Gov't Code § 22.020; Texas Title Examination Standards 11.10 and 11.110Verified Oct 26, 2026View source.
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Learn moreForms for Settling an Estate in Texas
Free forms for settling an estate in Texas: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Texas, the notice to creditors is published for 1Tex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsTex. Est. Code § 355.060; § 403.055 (independent administration); § 355.001Verified Sep 8, 2026View source from receipt of the mailed notice to present claims.
Renunciation of Executor
In Texas, a person named as executor may decline to serveTex. Estates Code §§ 301.051, 306.001Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Texas, heirs put their identity on the land records with an affidavit of heirship recorded with the countyTex. Estates Code ch. 203 (Nonjudicial Evidence of Heirship)Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Estate Inventory
In Texas, the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment.
Estate Closing
In Texas, the personal representative is discharged automatically once the statutory period runsTex. Est. Code §§ 405.007, 405.003, 362.012, 362.013Verified Sep 15, 2026View source, and no final accounting is required.
Tools for Settling an Estate in Texas
Free tools for settling an estate in Texas: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Texas, certified death certificates come from the Texas Department of State Health Services - Vital Statistics SectionTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source; the first copy costs $20Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source, additional copies $3Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source each.
Do I Need Probate?
In Texas, estates valued at $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or less use the Small Estate AffidavitTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source, 30 daysTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source after death, a court filing short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
Texas has no state income tax, so only the federal final Form 1040 is due for the decedentTex. Const. Art. VIII, § 24-a (added by Proposition 4, Nov. 5, 2019; former § 24 repealed)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
What Do I Do When Someone Dies?
After a death in Texas, the estate either qualifies for the simplified procedure for estates under $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsTex. Est. Code § 355.060; § 403.055 (independent administration); § 355.001Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Texas levies no estate or inheritance taxNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Texas imposes no inheritance or estate taxNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
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Texas Estate Settlement Resources
In-depth guides covering Texas probate, estate administration, and settling an estate.