Houston Estate Planning and Elder Law Attorney Blog
Old deeds tell long stories. Names change, tracts split, and handwritten notes morph into title problems that confuse buyers and stall probate. When you inherit Dallas property with a paper trail that starts in the 1970s—or earlier—you need a plan to restore clarity. A careful chain-of-title project turns a mystery file into a marketable asset.
Build the Chain Before You List
Start by pulling every deed, deed of trust, release, and plat from the county records. Create a timeline from the earliest conveyance to today. Note mismatched legal descriptions, missing releases, and wild deeds recorded by unrelated names. If the property crossed county lines after a subdivision, check adjacent counties for companion filings. A complete chain prevents last-minute surprises when a title company asks hard questions.
Fix Legal Descriptions and Boundary Gaps
Older deeds may reference outdated surveys or ambiguous metes-and-bounds calls. Order a new survey and compare it against the oldest reliable plat. If a call describes “to the big oak, thence east,” you need modern bearings. Your surveyor can draft a correction that aligns recorded history with current ground truth. Then, file a correction deed executed by the proper grantors or their successors so future buyers do not inherit your headache.
Cure Breaks With Affidavits and Curative Deeds
Where a link in the chain is missing—such as an unrecorded deed after a death—use an affidavit of heirship or a curative deed signed by heirs. If a lender never filed a release, obtain a payoff letter or a lost-note affidavit from the successor bank. The goal is to clear every cloud that would give a cautious underwriter a reason to exclude coverage or demand an escrow holdback.
Reconcile Name Changes and Merged Entities
If an ancestor conveyed title under a maiden name or a nickname, prepare a “one and the same” affidavit to connect identities. For business interests, file evidence of mergers, conversions, or dissolutions so the record shows how authority moved over time. Clean name continuity helps the title company accept your signatures without a corporate genealogy lesson at closing.
Leverage Probate Orders the Right Way
Dallas probate orders can correct title when a will disposes of the property clearly. Record certified copies of the order admitting the will and any deed from the personal representative to the heir or buyer. If the decedent died intestate, pair a determination of heirship with deeds from the heirs to unify title. Recording those documents in the real-property records is as important as winning the court order.
Communicate With Neighbors and HOAs
Old fences, shared driveways, and informal parking easements complicate sales. Talk to neighbors early. A simple encroachment agreement or a cross-access easement can rescue a deal that would otherwise collapse over a two-foot strip of grass. If an HOA exists, confirm dues, architectural restrictions, and any liens long before the buyer’s title commitment arrives.
Package the File for the Title Company
Create a digital binder labeled by year and document type. Include surveys, affidavits, court orders, and correspondence with lenders. Title officers move faster when they see organized evidence instead of a shoebox of photocopies. A clean submission can cut days from underwriting and convince a hesitant buyer to proceed.
Turn a tangled history into a clean closing. For deed cures that stand up in Dallas probate and at the closing table, reach out to McCulloch & Miller, PLLC at (713) 903-7879 and let us stitch your chain of title back together.