Respectfully Submitted by Patricia D. Henderson
While Joint Tenancies, with respect to bank accounts and securities, are common in Texas, Joint Tenancies of Texas real estate are rarely encountered. A husband and wife who own land in Texas cannot create a valid survivorship estate.
Transferring title to land to reflect the true owner can be done by an affidavit of heirship.
This affidavit was born in Texas out of necessity in the early days of the state when the courthouse might be a day's ride by horse. Something had to be done when a family member dies and then years later it was discovered that title was still in the names of deceased parties. Suppose dad dies without a will and is survived by mom and several children, years later mom dies without a will; and some years after that the children want to sell the ranch or an oil company landman wants to obtain a lease. How do you clear title to show that the children are the true owners?
An affidavit will be made by a disinterested person such as a long time neighbor or friend. Two affidavits are required to satisfy the title company.
The affidavit recites the family history, and is then recorded. Most title companies and oil landmen have traditionally relied upon such affidavits to clear gaps in title unless there is some reason to suspect the affidavits authenticity. The longer the affidavits are on file, the greater the likelihood that it will relied upon by third parties.
Contact an attorney to draft the affidavits to ensure that all the requirements of the Texas Probate Code are met.
