Planning ahead for how your real estate will be handled after you pass is one of the greatest gifts you can give your family. Without a clear plan, your loved ones may face court delays, title issues, unnecessary expenses, and confusion. Proactive steps today can ensure your property transfers smoothly and according to your wishes.

Before focusing on the property itself, make sure your foundational estate documents are in order:

✔️ A Current Will

A will communicates how you want your assets distributed. Without one, Texas intestacy laws decide — and the result may not match your intentions.

✔️ Powers of Attorney

A financial and medical Power of Attorney allows a trusted person to act on your behalf if you become unable to manage your affairs.

✔️ Beneficiary Designations

Regularly review beneficiaries on financial accounts, retirement plans, and insurance policies to ensure they reflect your current wishes.

Tip: Store these documents securely and let at least one trusted person know where they are kept.

Texas offers several ways to transfer real property without going through probate:

Transfer on Death Deed (TODD)

Names who will receive the property automatically upon your death. Must be filed before passing, and property transfers subject to any existing liens.

Lady Bird / Enhanced Life Estate Deed

Allows you to keep control of your property while living and pass it on without probate — with more flexibility than a TODD. These can also offer certain Medicaid recovery protections.

Revocable or Irrevocable Trusts

Placing real estate in a trust keeps the transfer private and efficient, often avoiding:

• Probate delays

• Family disputes

• Unnecessary court involvement

Property ownership structure affects inheritance.

Joint Ownership with Right of Survivorship: Allows property to pass directly to the surviving owner, bypassing probate — but only if the deed and required survivorship agreement are correctly recorded.

Heirs often struggle more with missing paperwork than legal complexities. Keep organized records of:

• Deeds & title insurance policies

• Mortgage statements

• HOA or special district (MUD/PID) notices

• Tax records

Also keep your chain of title clean — unresolved liens and errors can delay transfers or sales.

If someone passes without a will and probate isn’t pursued, an Affidavit of Heirship can be recorded to identify heirs. While it does not transfer title on its own, it is often accepted by title companies when no family disputes exist, especially when recorded alongside a deed.

Your estate plan should evolve with you. Update documents when there are:

• Marriages or divorces

• Births or adoptions

• Deaths of family members

• New real estate purchases or sales

Outdated documents cause avoidable complications.

While agents cannot provide legal advice, they play an important role in helping families stay prepared by:

• Encouraging clients to verify how their property is titled

• Helping keep records organized and accessible

• Advising heirs on steps needed to sell or transfer property

• Connecting families with trusted attorneys and title partners

A knowledgeable and compassionate real estate agent can make the inheritance transition far easier for loved ones.