What Happens to a House When Someone Dies Without a Will in Texas?

When a Texas property owner dies without a will, they die intestate, and state law — not the family — decides who inherits. Here's the plain-English version.

Texas decides the heirs

Texas intestate succession rules assign the property based on who survives the owner -- spouse, children, parents, siblings, and so on. The rules also treat separate property and community property differently, and blended families (children from prior relationships) can make the split more complicated than people expect.

The property often ends up with multiple heirs

Because the law divides ownership among relatives, a single house frequently ends up owned by several heirs at once — each holding an undivided share. This is what creates "heir property," and it's why title can get cloudy fast, especially across multiple generations.

How heirs clear title without a will

To sell, the rightful heirs and their shares must be documented. When there's no will, Texas families often use an affidavit of heirship — a sworn statement of the family history — to establish ownership, sometimes avoiding full probate. More tangled estates may still need a probate proceeding.

Where we come in

Confirming the heirs is exactly our specialty. We trace the family tree, identify everyone with a claim, and help clear title — then we can buy the property, or even just one heir's share. If a loved one passed without a will and you're not sure where you stand, tell us about the property below and we'll help you sort it out at no cost.