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What Is a Deed of Distribution in Texas? A Guide to Estate Property Transfers

When someone passes away in Texas, their property doesn’t automatically go to the heirs or beneficiaries—it must be legally transferred through the probate process. One key tool used to do this is the Deed of Distribution.

But what exactly is a Deed of Distribution? When is it needed? And how does it fit into probate or estate administration?

At The Lange Firm, we help families across Texas complete property transfers after death. In this guide, we explain how the Deed of Distribution works, who prepares it, and why it matters for clean title and legal ownership.

What Is a Deed of Distribution?

A Deed of Distribution is a legal document that formally transfers ownership of real estate from a deceased person’s estate to their rightful heirs or beneficiaries. It is often used in probate cases to document how property is distributed under a will or by Texas intestate succession laws.

It acts as the official “paper trail” showing that:

• The property was part of the deceased person’s estate
  
  
• The probate process was completed or authorized
  
  
• The property has been assigned to a specific individual or party
  
  

Once recorded in the county’s real property records, the deed serves as proof of ownership for the new owner.

When Do You Need a Deed of Distribution in Texas?

You typically need a Deed of Distribution when:

• The deceased owned real estate in their name alone
  
  
• The property must be transferred to heirs or beneficiaries
  
  
• Probate has been completed or formally opened
  
  
• There is no survivorship clause (i.e., not jointly held with right of survivorship)
  
  

In most cases, this applies to:

• Houses and land owned solely by the deceased
  
  
• Investment or rental properties
  
  
• Vacation homes or inherited land parcels
  
  

📌 You don’t need a Deed of Distribution if the property had a Transfer on Death Deed (TODD), joint tenancy with survivorship, or was held in a trust.

Who Prepares a Deed of Distribution?

The deed is usually prepared by:

• The executor or administrator of the estate
  
  
• A probate attorney, such as those at The Lange Firm
  
  
• Sometimes by a title company working on post-probate sales
  
  

To be legally valid, the Deed of Distribution must:

• Be properly drafted and notarized
  
  
• Reference the original probate case and court
  
  
• Identify the heirs or devisees receiving the property
  
  
• Include the legal description of the property
  
  
• Be signed by the estate representative (executor or administrator)
  
  

What Information Is Included in a Deed of Distribution?

A proper Texas Deed of Distribution will generally include:

• Full legal name of the deceased
  
  
• Date of death
  
  
• Probate case number and county
  
  
• Description of the real property (including metes and bounds, if applicable)
  
  
• Names of heirs or beneficiaries receiving title
  
  
• Statement that the distribution complies with a will or intestate law
  
  
• Executor’s or administrator’s signature
  
  
• Notary seal
  
  

Once prepared, the deed is filed with the County Clerk where the property is located.

Why Is a Deed of Distribution Important?

A Deed of Distribution is crucial because:

• It legally transfers title from the deceased to the heir or beneficiary
  
  
• It allows the new owner to sell, refinance, or transfer the property in the future
  
  
• It ensures clean title in the county property records
  
  
• It avoids future legal disputes or confusion over ownership
  
  

Without it, the property may remain in the deceased’s name indefinitely—causing title issues and preventing the estate from being closed.

How Does It Work With Probate?

There are two main probate scenarios:

✅ 1. With a Will (Testate Estate)

The executor uses the Deed of Distribution to transfer property according to the will.

✅ 2. Without a Will (Intestate Estate)

The court determines the rightful heirs, and the administrator uses the deed to transfer the property under intestate succession laws.

Either way, the probate court must approve the administration before the deed is valid.

Is a Deed of Distribution the Same as a General Warranty Deed?

No. A Deed of Distribution:

• Does not provide warranties of title
  
  
• Merely transfers whatever interest the deceased had
  
  
• Is not used in typical sales or gifting scenarios
  
  

It is specifically designed for estate property transfers, not regular real estate transactions.

How The Lange Firm Helps With Deeds of Distribution

At The Lange Firm, we help executors, administrators, and families:

• Determine when a Deed of Distribution is needed
  
  
• Draft and file the deed correctly in the proper county
  
  
• Navigate probate to ensure court approval
  
  
• Resolve title issues that may delay closing or transfers
  
  
• Work with title companies and heirs to ensure smooth transitions
  
  

We also handle affidavits of heirship and probate alternatives where appropriate.

📞 Contact us today if you need help transferring real estate from an estate—whether or not there’s a will.

Final Thoughts

So, what is a Deed of Distribution in Texas? It’s a crucial document used to legally transfer real estate from a deceased person’s estate to the rightful heirs or beneficiaries. Without it, ownership remains unclear and title issues can linger for years.

✅ If you’re responsible for handling a loved one’s estate—or you’re unsure how to clear title on inherited property—let The Lange Firm help you take the right legal steps with confidence and clarity.