How do i transfer home title to my daughter avoiding probate upon death?

Asked over 2 years ago - Corpus Christi, TX

How do i avoid probate if i die i want to leave everything to my daughter i am not married, do i put her on the house title, is it a joint tenancy or deed, or affidavit of heirship? I dont want my estate which basicly consist of my homestead my vehicle and a few belonging to go through probate, My home is paid for there is no mortgage and no purchase money liens on my home

Attorney answers (4)

  1. Lawrence Frederick Dietlein Jr.

    Contributor Level 11


    Lawyers agree

    Answered . Great question. I suggest hiring an experienced residential real property attorney to assist you in completing a Survivorship Agreement that will transfer your real property upon your death, automatically, without the need for any probate proceeding. This agreement creates a joint tenancy with right of survivorship, and upon the death of one of the joint tenants, the property passes to the surviving joint tenant(s). NOTE: I strongly suggest having a Last Will & Testament even with this Survivorship Agreement, just in case. I wish you the best of luck and hope it will be a long time before the property passes to your daughter.

  2. Nicholas Abaza

    Contributor Level 12


    Lawyer agrees

    Answered . a ladybird deed or trust would work

  3. Amber Lynn Nelson

    Contributor Level 9

    Answered . Mr. Dietlein is absolutely right. You should prepare a Will as a backup plan. Talk to an attorney to prepare the proper documents. You can also make similar arrangements regarding a vehicle if the goal is to avoid probate. There should be a survivorship section on the back of the title.

    Don't forget about power of attorney documents either - these documents protect you in the event of an injury or illness.

    The information contained in this post is for informational purposes only and should not be construed as legal... more
  4. Stephen Neil Foster

    Contributor Level 15

    Answered . Texas allows for "independent administration" of estates. Technically probate but not really such a big deal. There's lots of options. Talk to an attorney. Probably will cost much less than you think.

Related Topics

Real estate

The term real estate means land and items permanently attached to it, like buildings. This area of law deals with who has the right to own and use these items.

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