10/06/2026
When you die, your house doesn’t automatically pass to your wife.
Texas deeds generally do not contain “rights of survivorship,” unlike your average joint checking or savings account.
In fact, the home is the number one reason I’ve had to probate estates in Texas in my career.
So when Dad dies, Mom can’t just sell the house the next day.
His half still has to pass under his Will or Texas inheritance laws, and Mom may need probate to establish clean title before she can sell it.
I break this news to widows regularly.
None of them expect it. Some don’t believe it.
“But I’ve lived here for 40 years.”
“My name is on the deed, too.”
“It’s a community property state.”
“His Will says everything goes to me.”
All of those things can be true, and there can still be a title problem to resolve.
Sometimes Mom never meets with an estate planning attorney.
She just keeps living there, believing everything is taken care of.
Then she passes, and the adult kids have to clean up title through both parents.
Not a great gift you want to leave them.
But I get it. It seems like it should be that easy.
The checking account passed without issue.
The life insurance and IRA went to Mom by beneficiary designation.
Why would the house be different?
But the house doesn’t work that way in Texas without some planning.
We often solve this with a Transfer-on-Death Deed recorded with the county before the owner dies, or by transferring the home into a Revocable Trust during life.
Lady Bird Deeds remain valid, however, despite the cute name…
I generally prefer a Transfer-on-Death Deed since Texas made that option available in 2015.
A Lady Bird Deed creates an enhanced life estate and a remainder interest.
A Transfer-on-Death Deed keeps ownership entirely with the owner during life.
The named beneficiaries receive no ownership interest until the owner dies.
If Mom wants to sell the house and move closer to the grandkids after Dad passes, some planning today can make for an easier tomorrow.