08/19/2026
Who inherits property when someone dies without a will?
When someone dies without a will, Texas law dictates who inherits based on the family situation and the nature of the property.
This is where things can get complicated for real estate investors, because you may be dealing with multiple heirs who have never worked together and may not agree on anything.
Here is a simplified overview of how Texas distributes property without a will.
1. Married with children (all from the same marriage): Community property goes entirely to the surviving spouse, while separate property goes two-thirds to the children and one-third to the surviving spouse as a life estate.
2. Married with children from a prior relationship: Community property is split 50/50 between the surviving spouse and the children.
3. Married with no children: Community property goes entirely to the surviving spouse, while separate property is divided between the spouse, the father, and the mother.
4. Unmarried with children: Everything goes to the children, divided equally.
5. Unmarried with no children: Property passes to parents, then siblings, then extended family.
In intestate situations, the key document is an Affidavit of Heirship, which is typically prepared by the title company and signed by a family member. It must be corroborated by two independent, non-related parties who knew the deceased, preferably for at least 20 years, then notarized and recorded in the real property records of the county where the property is located.
Deeds from all legal heirs must also be executed, and any liens against any of the heirs attach to the property and must be paid before closing.
If you have questions about this or other real estate matters, the Lonergan Law Firm PLLC would be glad to help. Call us at 214-503-7509 to schedule a consultation.
The Lonergan Law Firm PLLC | Founded 2000 | Ongoing legal and title practice
This content is for general informational purposes only and is not legal advice. Consult an attorney regarding your specific situation. Contacting us does not create an attorney–client relationship.
