How to Handle an Inherited Houston Property When There Is No Will

Losing a loved one is an overwhelming experience. But when they pass away without a will (known in Texas as dying “intestate”), you and your family are left to navigate a confusing legal and financial maze during an already painful time.

You’re suddenly facing a property in Houston and have no clear instructions. Who is the rightful owner? Who is responsible for the bills? Can you even sell the house?

This situation is incredibly common, and it can be a source of great stress. This guide will walk you through the essential steps you must take to handle an inherited property in Houston when there is no will. This is one of the most complex parts of selling an inherited property.

1. Understand What “Intestate” Means in Texas

When a person dies without a will, the State of Texas doesn’t guess what their wishes were. Instead, the law dictates how their assets are divided.

This is called “intestate succession.” The law sets out a rigid formula for who inherits the property.

• If the deceased was married, the spouse may inherit all or part of the property, depending on whether it was “community property” or “separate property.”
• If they were unmarried, the property is typically divided among their children.
• If they had no spouse or children, the law looks to parents, siblings, and other relatives.

The key takeaway is this: you and your family do not get to decide who the heirs are; the law does.

2. Hire a Houston Probate Attorney (This is Not a DIY Project)

Your first and most important call should be to a qualified probate attorney in the Houston area.

Because there is no will, you cannot simply sell the house. You must go through the court system to legally establish who the heirs are and get permission to manage the estate. An attorney is essential to navigate this. They will likely file one of two ways:

Application to Determine Heirship: A formal court proceeding where a judge legally declares who the heirs are.

Affidavit of Heirship: A legal document that identifies all the heirs.

3. Settle All of the Estate’s Debts

Before any heir can receive a dollar or a set of keys, all of the deceased’s debts must be paid.

The court will appoint an “Administrator” (since there is no Executor) to be in charge of the estate. This person is legally responsible for using the estate’s assets—including the house—to pay off all valid claims, such as:

• The remaining mortgage
• Property taxes
• HOA dues
• Credit card bills
• Medical bills

If the estate doesn’t have enough cash to cover these debts, the house will have to be sold.

4. Communicate With All Other Heirs

This is the step where things can get difficult. Under Texas law, you may now be a co-owner of the property with several other family members, all of whom have an equal say.

It’s critical to communicate clearly and calmly. You must all agree on what to do next.

• Keep it? This means all heirs must agree to pay their share of taxes, insurance, and repairs forever. This is rarely a good long-term plan.
• Rent it out? This means all heirs must agree to become business partners in a landlord business.
• Sell it? This is often the simplest and fairest solution.

If you can’t agree, any single heir can file a “partition lawsuit” to force a court-ordered sale. This is an expensive, slow, and hostile process that should be avoided at all costs.

5. Decide How to Sell (The Simple Way vs. The Hard Way)

Once all heirs agree to sell, you have one last choice.

The Simple Way: Sell directly to a cash buyer. This avoids all the conflict. There are no repairs, no commissions, and no waiting. You get a single, fair cash offer that can be cleanly divided among the heirs, ending the process.

The Hard Way: List with a real estate agent. This means all heirs must agree on a price, pay for necessary repairs upfront, and then wait months for a buyer, all while paying commissions and closing costs.

The Easiest Solution for a Complicated “No Will” Situation

Inheriting a property “intestate” is a legal nightmare. The process is slow, expensive, and can easily create lasting family conflicts.

While the legal side is complex, the sale of the house can be simple. While there are many companies that buy houses in Houston, we specialize in these exact “heirship” situations.

We can work directly with your probate attorney to make you a fair cash offer and close on your timeline.

• No Repairs Needed: We buy the house completely “as-is.”
• No Commissions or Fees: The offer we make is the cash you receive.
• Settle Debts Fast: Our fast closing gives the estate the cash it needs to pay off debts and satisfy the court.
• One Simple Offer: This gives all heirs a clear, fair number to agree on, ending the debate.

If you’re dealing with an inherited property with no will, give us a call. We can’t give legal advice, but we can give you a no-obligation cash offer and help you understand the simplest, fastest path forward.

Call us today at (281) 595-7550 to learn more.