Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.
When someone dies in Texas without a will, the state’s laws step in to decide who inherits. This is called intestate succession, and it’s worth understanding because it explains how you may have become a part-owner of a property you never expected.
In general terms, the law looks to the closest family first. A surviving spouse and children are typically first in line, and the exact split can depend on factors like whether the property was separate or community property and whether all the children are from the same relationship. If there’s no spouse, the children usually share it. If there are no children, it can move outward to parents, then siblings, then more distant relatives. Because families are rarely simple, a single property often ends up divided among several heirs, each holding a share of the whole.
This transfer generally happens by law, often at the moment of death, even if no paperwork is ever filed. That’s why people can own a share of a property without realizing it, and why county records can still list a relative who died years ago. To formally document who the heirs are, families may use an affidavit of heirship or a court determination of heirship, which an attorney can advise on. But the key point is that if you inherited a share this way, it’s real, and you can act on it, including selling it to step out of a tax lawsuit.
A couple of quick questions:
Who inherits first when there’s no will? Generally the closest family, often a surviving spouse and children, then parents, siblings, and more distant relatives if there are no closer heirs. The exact division depends on the family’s circumstances.
Do I own my share even if nothing was filed? Usually yes. The interest passes by law, often at death, even before documents like an affidavit of heirship or probate are completed.
If you’re looking to remove yourself from a lawsuit and get paid for your interest, no cost to you, call or text us at (469) 708-8003 for an offer today.
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