Inherited a House With No Will in Texas? Here’s What Happens to It.

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 a parent or relative dies in Texas without a will, the house doesn’t go to the state and it doesn’t freeze in place. It passes straight to the next of kin under Texas intestacy laws, usually the moment the owner dies. The problem is that the county records still show the deceased person as the owner, because nothing was filed to update them.

That gap is where most of the trouble starts. If there are several children, each one typically inherits a share of the whole property rather than a specific room or acre. This is called an undivided interest. Everyone owns a piece of all of it, which means no single heir can sell the whole place alone, and the taxes still come due every year whether anyone is living there or not.

When those taxes go unpaid, the county eventually files suit to collect. A constable or sheriff’s deputy may show up with a citation and an Original Petition naming the heirs. Being served in person is unsettling, but it is the standard way a civil tax case begins. It isn’t criminal, and it isn’t a scam.

From there, heirs generally have a few paths. They can clear the title and probate the estate with an attorney, work out a payment arrangement on the back taxes, or, if they would rather not deal with any of it, sell their share. Selling your portion takes you off the deed and out of the lawsuit without needing every other heir to agree first.

A couple of questions we hear a lot:

There was no will at all. Can I still sell my part? Yes. Heirs receive their interest under Texas intestacy laws as soon as the owner passes, so you can sell the share you inherited even before the estate is formally probated.

Do all the heirs have to agree before I sell mine? No. Each heir owns their own undivided share. You can sell yours on your own, and the others keep theirs.

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.