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What needs to be done to the title of real property after trustee of trust holding real property dies?

Houston, TX |

Dan created trust and transferred Harris County property into trust. Dad died and I am the successor trustee. What do I need to do so that title reflects that Dad, the old trustee, has died, and that I am now serving as the successor trustee?

Attorney Answers 3


  1. If the trust agreement states you are the successor you should be fine. Normally, when you sell real property, you go through a title company. The title company will ask for a copy of the trust agreement (if it is not of public record) so they can verify who is authorized to act. It is then that you would show the title company a death certificate to prove your Dad had passed away. Similarly, if you are dealing with tenants or entering into any other contract involving the trust, the other party should be asking for a copy of the trust agreement and death certificate to know that the transaction is valid.
    However, each situation usually has more going on than what appears, so you should consult a real estate or estate planning attorney before taking any action.
    Sorry for your loss.

    The answer provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.


  2. In lieu of providing the entire trust agreement to third parties, as a matter of privacy, you should be able provide a certification of trust evidencing your authority to act as successor trustee. In any event, the death of a trustee does not terminate trust unless the terms expressly say so.

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  3. I agree with the prior answers. At this point, you don't have to do anything. When it comes time to transfer the property to the beneficiary named in the trust, it would be wise to consult a real estate or probate attorney to make sure it is done properly.

    Good Luck!
    Jessica Newill
    Newill Law Firm

    This answer contains general information. None of the information contained in this communication is intended as legal advice. You should neither act nor refrain from acting based on information obtained from the exchange of messages on this website. None of the information contained in this answer is privileged or confidential. You should retain an attorney to provide legal advice regarding this issue. Newill Law Firm provides estate planning and probate services. Call (210) 383-0546 for a FREE initial consultation.

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