No Will? What Happens to a House in Texas When Someone Dies Without One

When someone dies without a will in Texas, they're said to have died "intestate." The house doesn't go to the state or sit in limbo forever. Instead, Texas law sets out who inherits, and the family follows a process to confirm that before the home can be sold.

Who inherits under Texas law

The answer depends on the family. Whether the person was married, whether they had children, whether those children are also the spouse's children, and whether the home was community or separate property all matter. The result can be different from what the family expects, so it's worth getting an attorney's read early.

Confirming the heirs

Before a buyer's title company will insure a sale, it needs to know who the legal heirs are. Common routes include:

• A court proceeding to determine heirship
• An affidavit of heirship, in some situations
• A full administration, if debts or other issues need handling

Your attorney will recommend the path that fits your family and the property.

Selling once heirs are confirmed

After the heirs are established, they generally all need to agree on a sale and sign, or an appointed administrator signs for the estate. If heirs live in different places or don't agree, it helps to have one point person and a clear plan.

What you can do now

• Secure the home and keep insurance active
• Gather the deed, mortgage statements and tax bills
• Get a value estimate so everyone works from the same numbers
• Talk with a probate attorney about the right heirship process

Help with homes passed without a will

Southern Luxe Group helps families with inherited homes, working alongside your attorney in Austin, Round Rock, Georgetown, Cedar Park and Bryan–College Station. Get a no-pressure plan for the property or call Trina at (512) 629-9050.

This article is general information, not legal advice. Please consult a Texas probate attorney about your situation.