Legal Question in Wills and Trusts in Texas

Preserving the interest of the decedent's children depends very much on what occurred at the time that the Will was admitted to probate, as well as how it was admitted to probate. In most cases, an executor or administrator is appointed when a Will is admitted to probate. That person, in the course of their duties, would ordinarily execute a special warranty deed transferring title in real property out of the estate and to the individuals entitled to receive it (subject to any life estate restrictions). It doesn't sound like that happened here if you're unable to locate a transferring document in the county's records.

As an alternative, it might be important to know if the Will was admitted to probate as what is called a "muniment of title." In those cases, no administration is created and no executor is appointed. The Will is simply admitted as it is, and the Will and Order together would be recorded and act as the transferring instrument. This might explain why you can't find a deed.

First things first, find out how the Will was admitted to probate and whether or not an executor was appointed. If so, given the fact that independent administrations in Texas rarely formally close, that person may still be able to execute a deed. If no executor was appointed, you're looking at a muniment of title situation, and the interests in land are already preserved by the terms of the Will itself.

Another option, if the will was probated would be to record a certified copy of the probated will in the real estate records of the county in which the land is located. This should operate to perfect the remainder interest of the children.