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Form for Heir's Assignment of Interest in Estate to 3rd Party

Texas has a statutory procedure to follow when an heir wants jeffm04/26/18
I checked my Texas Estates forms book, nothing. What's th thedudeabides04/26/18
Section 122.201 Estates Code. http://www.statutes.legis.sta jeffm04/26/18
I would just use the form for a disclaimer of interest and i txattorney04/26/18
JeffM, did you get resolution on this? As I read the code, thedudeabides04/30/18
Yeah, thanks. Aside from some name, address stuff at the to jeffm04/30/18
"I trust it will be acceptable to carriers of life insurance 2tierreality04/30/18
jeffm (Apr 26, 2018 - 3:40 pm)

Texas has a statutory procedure to follow when an heir wants to assign his rights in an estate to a 3rd party. These cases are rare, but I have one.

I can't seem to find a sample form. I will just start drafting from scratch following the statute, but if any of you have, or can link to, an example, I'd appreciate it. Even an example outside Texas would be good to see.

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thedudeabides (Apr 26, 2018 - 6:26 pm)

I checked my Texas Estates forms book, nothing.

What's the statutory cite?

Also, could the person not do an offline contractual assignment, then transfer title to what they get after estate administration is closed?

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jeffm (Apr 26, 2018 - 8:30 pm)

Section 122.201 Estates Code. http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.122.htm#E

It used to be Section 37b of the Probate Code.

They could do as you suggest, but due to logistics, we want to wrap everything up with the heir on the front-end and not have to go back to him. Basically, he wants to assign his interest and not have anything more to do with it.

There's nothing seemingly complicated, and I feel very comfortable just following the simple statutory requirements. I always prefer to plagiarize when I can, though.

Thanks for checking.

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txattorney (Apr 26, 2018 - 9:21 pm)

I would just use the form for a disclaimer of interest and insert assignment in place of disclaimer based on the estates code provision you cited.

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thedudeabides (Apr 30, 2018 - 11:11 am)

JeffM, did you get resolution on this? As I read the code, it looks like an ordinary (non-probate) assignment of interest document that references the code section would work. Then it appears that personal delivery should be sufficient, and if it needs to be recorded (i.e., trasnferor wants it recorded), just have the probate court record it or take it to the county clerk for recordation?

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jeffm (Apr 30, 2018 - 3:43 pm)

Yeah, thanks. Aside from some name, address stuff at the top, the substance of the form is:

Pursuant to Section 122.201 et seq. of the Texas Estates Code, Assignor hereby assigns and transfers to Assignee all of Assignor’s right, title and interest in and to all property that Assignor is entitled to receive from the estate or by virtue of the death of ____________, Deceased. This assignment includes all property of the Decedent to which Assignor is entitled by way of will, intestacy and/or survivorship. Assignor also assigns and transfers any income attributable to the assigned interest.

Assignor acknowledges that this assignment is a gift and shall be irrevocable, even if the nature, extent or value of the property assigned is different or greater than believed or anticipated by Assignor. Accordingly, Assignor hereby absolutely and irrevocably divests himself of all title, ownership, dominion and control over the assigned interest and hereby delivers same to Assignee, who accepts same, free and clear of all claims, except as to the claims of any and all creditors of the estate of Decedent which might attach to the property hereby assigned.

Assignor acknowledges that the nature, extent and value of the interest assigned is not material to Assignor’s decision to make this assignment and that Assignor is not relying on any representations concerning the nature, extent and value of same.


I trust it will be acceptable to carriers of life insurance policies and holders of 401k/investment accounts naming Assignor as beneficiary so that they will make distributions to Assignee.

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2tierreality (Apr 30, 2018 - 5:38 pm)

"I trust it will be acceptable to carriers of life insurance policies and holders of 401k/investment accounts naming Assignor as beneficiary so that they will make distributions to Assignee."

Since these are non-probate assets governed by contract, I'd be surprised if the life insurance company is willing the accept such an assignment. Since these can ordinarily be vested in the beneficiary without the delays of probate administration, it might make more sense to have the beneficiary make the claim on his share of the death benefit/401k first, and then he can "spend" the funds received as he sees fit.

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