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its a common assumption that when someone dies with property in their name the property automatically transfers to family members Texas requires heirs to take some action in order to transfer the property I see many cases where the property stayed in the decedents name for several Generations until an air finally took action generally attorneys arent going to give you free advice but take this for me with probate matters the more time passes the higher the cost there are three General options to transfer Real Estate out of the name of a decedent the first is probating the will this of course assumes the decedent left a valid will this option allows the decedent to choose who inherits their estate the second is an estate Administration the decedent passed without a will and the court must appoint an administrator that will distribute the property ing to state law and the third finally we have the Affidavit of Airship this is a document that is filed in the property records and is les