Texas Quiet Title Action: Complete Guide for 2025
Everything you need to know about filing a quiet title action in Texas—costs, timeline, legal requirements, and when you actually need one.
Texas Quiet Title Cost Breakdown
| Court Filing Fee | $300 - $400 |
| Service of Process | $75 - $150 per defendant |
| Publication (if needed) | $200 - $500 |
| Title Search | $200 - $400 |
| Attorney Fees(Uncontested) | $2,000 - $5,000 (uncontested) |
| Total Range | $2,500 - $6,000 (uncontested) | $6,000 - $15,000+ (contested) |
Costs vary by county and case complexity. Contested cases involving disputes or trials can significantly exceed these estimates.
Texas Quiet Title Timeline
Title Examination & Petition Preparation
1-3 weeksAttorney examines title chain, identifies defendants, drafts petition for trespass to try title.
Filing & Citation
2-4 weeksPetition filed with district court. Citation issued and served on all defendants.
Citation by Publication (if needed)
6-8 weeksIf defendants not locatable, affidavit filed and citation published for 4 weeks.
Answer Period
20-42 daysDefendants have 20 days (personal service) or until Monday after 42 days from first publication to answer.
Default Judgment or Trial
2-8 weeksIf no answer, motion for default judgment. If contested, matter set for trial.
Judgment & Recording
1-2 weeksCourt enters judgment. Certified copy recorded in county deed records.
Note: These timelines assume an uncontested action. If any party disputes your claim, the process can extend significantly due to discovery, motions, and potential trial.
Texas Legal Requirements
- Governing Statute
- Texas Property Code Chapter 22; Texas Civil Practice & Remedies Code Chapter 64
- Court
- District Court
- Jurisdiction
- County where property is located
- Service Requirements
- Defendants must be served by citation. If not locatable, service by publication after filing affidavit of diligent search.
- Publication Requirements
- Citation by publication must be published once per week for 4 consecutive weeks. Defendant has until the first Monday after 42 days from first publication to answer.
When You Need a Quiet Title in Texas
- Clearing title after Texas tax sale purchase
- Resolving heir property with unknown or missing heirs
- Establishing title through adverse possession
- Removing old liens or judgments from title
- Correcting breaks in chain of title
- Partition disputes among co-owners
- Clearing cloud from failed foreclosure procedures
Texas-Specific Considerations
- Texas uses "Trespass to Try Title" as primary quiet title action (Property Code Ch. 22)
- Suit to Remove Cloud from Title is alternative for specific encumbrances
- Texas tax sales have 6-month (non-homestead) or 2-year (homestead) redemption periods
- Affidavit of Heirship can sometimes substitute for quiet title in heir property cases
- Texas requires posting of property in addition to publication in some cases
Alternatives to Quiet Title in Texas
Affidavit of Heirship
Recorded affidavit identifying heirs of deceased owner, signed by disinterested witnesses.
Best for: Heir property where heirs are known and cooperative
Suit to Remove Cloud
Action to remove specific liens or encumbrances rather than establish overall title.
Best for: Specific known defects like unreleased mortgages
Agreed Judgment
Negotiated settlement with adverse claimants, submitted to court for approval.
Best for: Situations where all parties can be located and will cooperate
Frequently Asked Questions
How much does a quiet title action cost in Texas?
An uncontested quiet title (trespass to try title) in Texas typically costs $2,500-$6,000 including attorney fees, filing fees ($300-400), service costs, and publication if needed. Contested cases can exceed $10,000-$15,000.
How long does a quiet title take in Texas?
An uncontested Texas quiet title action takes 90-120 days on average. Cases requiring service by publication add 6-8 weeks. Contested matters can take 6-12 months or longer.
What is trespass to try title in Texas?
Trespass to try title is Texas's primary quiet title action under Property Code Chapter 22. Despite the name, it establishes ownership rights and removes clouds from title - you don't need to allege actual trespass.
Do I need quiet title after a Texas tax sale?
Often yes. Texas tax deed purchasers receive a sheriff's or constable's deed, but title insurance companies may require quiet title to insure the property, especially if there are questions about proper notice or redemption rights.
Can an Affidavit of Heirship replace quiet title in Texas?
Sometimes. An Affidavit of Heirship can establish inheritance without probate and may satisfy title companies for heir property transfers. However, it doesn't eliminate competing claims - quiet title may still be needed if ownership is disputed.
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