[TX] My husband died. Our house was in his name. How do I get my name and my son’s name on the deed/title?
October 21, 2025
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You will need a local probate lawyer to file intestate probate (meaning no will). The probate court will appoint you as the personal representative (PR) of your husband’s estate.
Once you are appointed, the PR then signs a fiduciary deed to transfer the property to you and your son as heirs. This is the legal process required to transfer ownership.
During probate, you’ll also need to address any outstanding debts or creditors of the estate before the transfer can be finalized.
You can assume the loan once you’re appointed as personal representative through the probate court.
Here’s a helpful referral for local assistance.
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My husband died. Our house was in his name. How do I get my name and my son’s name on the deed/title? We live in Texas.
I’m so sorry for your loss. Have you already gone through the probate process for your husband’s estate?
No.
Do you have a copy of your husband’s will, if he had one, or are you aware of any specific instructions regarding the house?
He did not have a will.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with transferring the house title.
Yes.
Hi and welcome to AskALawyer. I’m Ray, here to help you navigate the process of transferring the house title after your husband’s passing. Together, we’ll find a solution to your situation.
Before we begin:
- Have you discussed the situation with any family members or other beneficiaries who might have an interest in the house?
- Are there any outstanding debts or obligations related to your husband’s estate that we should be aware of?
- Do you have any specific concerns or questions about the process of transferring the title that you would like to address?
I still pay on the home. When he died, the mortgage is still being paid.
You will need a local probate lawyer to file intestate probate (meaning no will). The probate court will appoint you as the personal representative (PR) of your husband’s estate.
Once you are appointed, the PR then signs a fiduciary deed to transfer the property to you and your son as heirs. This is the legal process required to transfer ownership.
During probate, you’ll also need to address any outstanding debts or creditors of the estate before the transfer can be finalized.
You can assume the loan once you’re appointed as personal representative through the probate court.
Here’s a helpful referral for local assistance.
I’m truly sorry for your loss.
Thank you.
