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.
It’s an easy thing to put off. A relative passes away, the family is grieving, the house sits there, and dealing with lawyers and courthouses is the last thing anyone wants. Years go by. Then a notice arrives, and suddenly the unpaid taxes have grown into a number nobody expected.
Skipping probate doesn’t stop ownership from transferring. Under Texas intestacy laws, the property passed to the heirs when the owner died. But without probate or an affidavit of heirship, the county records still list the deceased person, and there’s no clear, documented owner stepping forward to handle the annual property taxes. So the bills go unpaid, and that is where the cost quietly builds.
Unpaid Texas property taxes don’t just sit still. They accumulate penalties and interest over time, and once an account is delinquent long enough, the taxing entities can turn it over for collection and file suit. At that point a constable or sheriff’s deputy may serve the heirs with a citation and an Original Petition. It’s jarring to be handed court papers over something the family never got around to, but it’s the standard civil process for collecting back taxes, not a criminal charge and not a scam.
The good news is that there are still options at this stage. An attorney can probate the estate or prepare an affidavit of heirship to clear the title, the heirs can look into a payment arrangement on what’s owed, or an heir who would rather walk away can sell their share. Selling your portion takes you off the title and out of the lawsuit even if the rest of the family hasn’t acted.
A couple of questions we hear a lot:
Is it too late to fix this if it’s been many years? Not necessarily. Time adds penalties and interest, but heirs generally still have paths to resolve it, whether by clearing the title, arranging payment, or selling an interest. The sooner it’s addressed, the fewer surprises.
Can I sell even though probate was never filed? Yes. Your share passed to you under Texas law at the time of death, so you can sell the interest you inherited without probate being completed first.
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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