Will Attorney Send Me Copy of Title Search in Texas? A Guide by The Lange Firm

If you are dealing with the probate process or the transfer of property after a loved one’s passing, you may find yourself asking: Will an attorney send me a copy of the title search in Texas? At The Lange Firm, based in Houston, Texas, we understand that the legal aspects surrounding wills, estates, and property ownership can be complex. Our experienced probate law team, led by Evan Lange, is dedicated to helping clients navigate these processes with clarity and confidence.

What is a Title?

A title is a legal concept that refers to ownership rights in a piece of property. When someone holds the title to a property, it means they have the legal right to use, control, and transfer the property as they see fit. Titles can be held by individuals, joint owners, or even legal entities like trusts or corporations. In the context of estate planning and probate, understanding how a title transfers is crucial when handling inherited property.

When a person passes away, any real estate they owned typically forms part of their estate. To ensure the rightful heirs receive the property, the title must be legally transferred. This process involves several steps, including reviewing the deceased’s will, verifying ownership through a title search, and completing necessary legal filings.

How Wills Transfer Title

A will serves as a legal document that specifies how a person’s assets, including real estate, should be distributed upon their death. If the deceased left a valid will, the probate court oversees the process of carrying out the instructions in the will, including the transfer of property titles.

The process generally involves the following steps:

1. Probate Filing: The executor named in the will files the will with the probate court.
2. Appointment of Executor: The court formally appoints the executor, giving them legal authority to manage the estate.
3. Title Search: A title search may be conducted to ensure there are no liens, encumbrances, or ownership disputes affecting the property.
4. Transfer of Title: Once the court approves the will and verifies ownership, the executor can transfer the title to the rightful heirs or beneficiaries.

Will Attorney Send Me Copy of Title Search in Texas?

If you are wondering, Will an attorney send me a copy of the title search in Texas?, the answer depends on your role in the estate process. Typically, if you are an heir, beneficiary, or executor of the estate, the attorney handling the probate case will provide you with relevant documents.  However, this does not normally include a title search. Normally, title searches are done by title companies. And if a title search is needed, the attorney usually will contract a title company to conduct a title search if it becomes a relevant issue in the administration of the estate.

A title search is a critical step in verifying the legal ownership of a property and ensuring that there are no outstanding claims or liens against it. This document ensures that the property can be transferred without any legal complications.

When a Title Search is Necessary in Probate Cases

Title searches  can become a relevant need in probate cases for several reasons:

1. Verify Ownership: The title search confirms that the deceased indeed owned the property at the time of death.
2. Identify Liens or Encumbrances: It reveals any outstanding mortgages, liens, or encumbrances that need to be addressed before transferring the title.
3. Prevent Future Disputes: By ensuring clear ownership, a title search helps prevent future legal disputes over the property.
4. Facilitate Transfer: Once the title is confirmed and any issues are resolved, the property can be legally transferred to the beneficiaries.

Role of a Will Attorney in the Title Transfer Process

A will attorney plays a pivotal role in guiding the executor and beneficiaries through the probate process. In the context of property title transfers, the attorney’s responsibilities may include:

• Assisting with probate court filings and documentation.
• Coordinating with a title company to perform the title search.
• Ensuring that any liens or encumbrances on the property are resolved.
• Preparing the deed for the transfer of ownership to the rightful heirs or beneficiaries.
• Providing the executor or heirs with copies of important documents, including the title search results.

How Long Does a Title Search Take in Texas?

The time required for a title search in Texas can vary depending on the complexity of the property’s ownership history. In some cases, it may take only a few days, while more complicated cases involving multiple owners or unresolved liens can take weeks.

Factors influencing the duration include:

• The availability of public records.
• The presence of previous ownership disputes.
• Outstanding mortgages or liens on the property.

Can I Request a Copy of the Title Search?

Yes, if you are involved in the probate process as an executor, heir, or beneficiary, you can request a copy of the title search from the attorney managing the case, and the attorney should contact a title company to conduct the search. However, if there is not a pressing reason to do a title search, the attorney may explain why one is not needed

If you are working with The Lange Firm, you can expect transparent communication and timely updates throughout the probate process, including access to critical documents like the title search.

Common Issues Revealed by Title Searches

Title searches may uncover a variety of issues that need to be resolved before transferring ownership, such as:

1. Outstanding Liens: Unpaid taxes or loans secured by the property.
2. Boundary Disputes: Discrepancies in property boundaries that may affect ownership.
3. Ownership Claims: Other parties claiming partial or full ownership of the property.
4. Unrecorded Deeds: Deeds that were not properly recorded, creating gaps in the ownership history.

An experienced probate attorney can help resolve these issues efficiently, ensuring a smooth title transfer.

How The Lange Firm Can Help

At The Lange Firm, we understand that dealing with the transfer of property titles during probate can be stressful. Led by Evan Lange, our team is committed to providing personalized support to clients throughout the probate process. We can assist with:

• Preparing and filing necessary probate court documents.
• Ensuring a smooth transfer of property to the rightful heirs or beneficiaries.

Conclusion

If you are navigating the probate process and need help with property title transfers, you may find yourself asking, Will an attorney send me a copy of the title search in Texas? At The Lange Firm in Houston, Texas, our team is here to assist you every step of the way. We strive to provide clear communication, professional guidance, and efficient legal services to help you through this challenging time.

For more information or to schedule a consultation, contact us today.

For additional Probate information visit the Probate Home Page.