Legal Question in Wills and Trusts in Texas

Can a Warranty Deed be recorded after the Grantors death if it is notarized and is this a good inexpensive way to deal with property inheritance if the estate is small and simple?

Asked on 1/24/10, 10:44 am

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Only if the grantor conveyed the property prior to death. A conveyance prior to death takes the property out of the estate. After death, all of the property becomes part of the estate of the decedent. This property is subject to being sold to pay the debts of creditors prior to being distributed to heirs or devisees if there is will.

Recording a deed that reflects a conveyance that already occurred is simply providing notice of the conveyance. You should contact an estate attorney to review the matter.

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Answered on 1/29/10, 11:46 am

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