Harris County Texas

Homeland Security and Emergency Management

Why is having a clear title important?

When a disaster hits, homeowners simply want to get back to normal. But for those who may have inherited their home, or are living in a family home, that may be harder than they expect. In order for a homeowner to participate in a disaster recovery program for their home, the owner must have a clear title, or proof that they have the right that property.

Having a “cloudy” title can prevent a person from:

• Selling his or her land
• Obtaining loans needed to improve or repair the property
• Qualifying for many government assistance programs
• Accessing equity in the home

At a larger scale, properties with lack of clear title can lead to underinvestment in land, the deterioration of property and neighborhoods, and the abandonment of property that then becomes extremely difficult to redevelop.

What is a Clear Title?

A clear title generally means that no one else has a claim of ownership or interest in the property that is “superior to” the owner of record, and that no one else has a financial interest in the property.

What is the Difference between a Title and a Deed?

• Title is not a physical document, but the legal way of saying that you have ownership of a property or a portion of a property. Meaning that you have the rights to use that property, access the land, and potentially modify it as you see fit. Title also means that you can transfer your what you own to others.
• Deed: A deed is a legal document used to confirm or convey the ownership rights to a property. It must be a physical document signed by both the buyer and the seller.

What is Probate?

Probate is the court-supervised process of authenticating a last will and testament if the deceased made one. It includes locating and determining the value of the decedent's assets, paying his final bills and taxes, and, finally, distributing the remainder of the estate to his rightful beneficiaries.

Texas Probate Code lays out how an estate is distributed when someone dies without a will. The law distributes assets based on if they separate and communal property, personal property or land, and the survivors' relationship to the deceased – A spouse with no children entitled to all of the personal property and to one-half of the land of the Estate. The other one-half will go to the parents or siblings of the deceased.

Documents that may be able to help you:

Affidavit of Heirship – this form lets people know that you inherited your house from somebody. You will have to gather information on the person who died, as well as have witnesses who can say under oath that the affidavit is true and correct. Use this document when you don’t have a will.

Will – this document is a way for people to decide how and where their property goes when they die. If you are listed in the will as the person who got the house, the will helps you prove you own the house. If it has been more than four years since the person who wrote the will died, you will need to go to probate court to use the will.

Gift Deed or Quick Claim Deed – legal documents used to transfer ownership of a property, or someone’s share of ownership to another person or organization. If other heirs to a property are willing to give up their ownership stake, these are two tools could be helpful in consolidating ownership. You may want to consult with a lawyer or title expert when choosing which process offers the best tax and liability outcome for your situation.

Issues that may require probate court and a Judge:

Application to determine heirs – this is used to determine who inherits property after somebody dies without a will.

Muniment of Title – this is used when you have a will and the only thing you are trying to do is get title to the home.

Small Estate Affidavit – this is used when you don’t have a will, when the estate is worth less than $75,000, when the only property is the home, and the home will be inherited by the deceased person’s spouse and minor children.

Administering an estate – this is a complicated procedure in probate court.

How do I keep my title Clear?

File a Transfer on Death Deed

• A Transfer on Death Deed is a simple way to transfer real estate to someone else after you die. It is a non-probate transfer of property using a simple deed, similar to a Payable on Death account at a bank. With a TODD, you can avoid probate and decide in advance who should inherit your real property.

Prepare a Will

• Preparing or executing a Will ensure that your property is divided according to your wishes after you die. A will does not need to be notarized in Texas, simply signed by you or your representative, and two witnesses. However, having a will notarized or “Self Proving” will speed up the probate process.
• A will must go through probate for property to be legally transferred to the heirs.