TL;DR: Families who try to "fix" the deed on an inherited house themselves usually make the title worse. The three most common mistakes — filing a deed without authority, using the wrong form, and skipping the notice period — can cost heirs $5,000 to $15,000 in attorney fees to unwind. Here is what each mistake looks like and how to avoid it.
By Nancy Lerma · ARV Venture Group · Last updated: 2026-05-20
The parent dies. The family wants to sell. A realtor or a friend says "you just need to transfer the deed." Someone Googles "how to file a deed in Texas" or "deed transfer South Carolina." They download a form. They sign it. They drive to the county clerk. They pay $25 to record it. They think the problem is solved. It is not. Our team has fixed dozens of these mistakes. Here are the three we see over and over.
What people do: A surviving spouse, child, or sibling signs a deed transferring the house to themselves — without going through probate first, without being formally appointed executor, and without all the other heirs agreeing.
Why it backfires: That deed is invalid the moment it is recorded. The title is now MORE clouded than before. Any future buyer's title company will flag it as a fraudulent or unauthorized transfer. Heirs who were skipped can sue to undo it.
What it costs to fix: $2,500 to $8,000 in attorney fees to file a quiet-title action or correction deed. Plus 6 to 12 months of waiting while the court sorts it out.
How to avoid it: No one signs a deed transferring estate property until probate is open AND the court has appointed an executor or administrator. Period. If that has not happened yet, do nothing.
What people do: They use a Quitclaim Deed when they should have used a Warranty Deed (or vice versa). Or they download a generic form that does not match Texas or South Carolina requirements. Or they use a deed form designed for a regular sale instead of an estate transfer.
Why it backfires: Each state has specific deed types for specific situations. A Quitclaim Deed only transfers whatever interest the signer happens to have — which in an estate situation might be zero. A Warranty Deed promises clear title — which the signer cannot actually promise yet. Title companies catch this and refuse to insure the title.
What it costs to fix: $1,500 to $5,000 to draft and record a proper correction deed.
How to avoid it: A real-estate attorney drafts the deed. Not a form website. Not the county clerk's office handout. Not a YouTube tutorial. The attorney fee is typically $300 to $800 — far less than the $5,000 to unwind the wrong deed later.
What people do: They transfer the deed without notifying all the other heirs, creditors, or interested parties. They figure "everyone in the family already knows."
Why it backfires: Both Texas and South Carolina require formal notice periods during probate before estate property can be transferred. If notice was not given properly, the transfer can be challenged for up to 4 years afterward in Texas (longer in some SC cases). Every potential buyer's title company sees that risk and walks away.
What it costs to fix: $2,000 to $6,000 for a re-noticed proceeding or a quiet-title action. Plus possibly compensating the skipped heirs.
How to avoid it: The probate attorney handles the notice period. Do not skip it because "we are a small family." Even one missed cousin can blow up the sale 3 years later.
Real situation, names redacted:
A widow in Texas filed a "Transfer on Death Deed" she downloaded online — but her husband had died 5 years earlier and the deed required signature from a living grantor. She tried to "fix" the title 5 years after the fact with a form she did not understand. When she tried to sell, the title company rejected it. She paid $4,200 to a real-estate attorney to fix what should have been straightforward probate. The title is now clean — but she could have used that $4,200 for something else.
Stop. Do not file any more deeds yourself. Every additional bad filing compounds the problem.
Get a real-estate attorney to review what was filed. A 30-minute consultation is often free or low cost.
Decide whether to unwind the bad deed OR work around it. Sometimes the cleanest path is a quiet-title action. Sometimes it is a correction deed. The attorney decides based on what is already on record.
If you cannot afford the attorney upfront, call us. When we buy houses with DIY deed mistakes, we often pay the attorney directly out of closing proceeds — so you do not have to come up with the cash first.
Call Nancy at (210) 761-3033 or email [email protected]. If you already made a deed mistake — or you are worried you are about to make one — call us first. No pressure. No obligation.
Call (210) 761-3033Last updated: 2026-05-20. This page is general information, not legal advice. Consult a real-estate attorney for advice specific to your situation. ARV Venture Group buys houses with title problems across Texas and South Carolina.