Blog · Updated October 2026

Selling a house when a parent dies without a will in Texas

When a parent dies without a will, Texas law decides who inherits the house. Before anyone can sell it, a title company has to be satisfied about who owns it now. This guide walks through how that usually works, in plain words, so you know what to expect before you list it, keep it, or sell it for cash.

This is general information, not legal advice. Every family is different, and the details matter.

Who inherits the house

Texas splits the answer by whether your parent was married when they died and whether the house was community property (bought during the marriage) or separate property (owned before the marriage, or inherited or received as a gift).

• No surviving spouse. The house passes to your parent’s children. If one of the children has already died, that child’s share goes to their own children.
• Surviving spouse, community property. If every one of your parent’s children is also a child of the surviving spouse, the surviving spouse gets the whole community estate. If your parent had a child from another relationship, your parent’s half of the community property goes to all of your parent’s children instead, and the surviving spouse keeps their own half.
• Surviving spouse, separate property. When there are children, the surviving spouse gets a life estate in one third of the land (the right to use it for the rest of their life), and the children get the rest.

The practical result: an inherited house is often owned by several people at once, sometimes including a stepparent, and every owner has to sign to sell it.

Three common ways heirs clear the title

1. Affidavit of heirship in Texas

An affidavit of heirship is a sworn statement of the family history: who died, when, whether they were married, and who their children are. It is signed before a notary and recorded in the deed records of the county where the house sits. The statute does not list witnesses, but title companies usually ask for it to be signed by people who knew the family well and inherit nothing. Once it has been on record for five years, a court can accept it as evidence of who the heirs are.

Many title companies will insure a sale based on an affidavit of heirship, often with every heir signing the deed. It is usually the fastest and cheapest route when the family history is simple and everyone agrees.

2. Small estate affidavit in Texas

A small estate affidavit can work when the estate, not counting the homestead and exempt property, is worth $75,000 or less, at least 30 days have passed since the death, and no one has asked the court to appoint an administrator. A judge has to approve it. If the homestead is the only real estate in the estate, it can pass this way, and the approved affidavit is recorded in the county deed records.

3. A court determination of heirship

A judge can formally declare who the heirs are. Texas lets heirs bring this case at any time after the death, so an old death does not shut the door. It takes longer and costs more than an affidavit, but it is the usual route when the family history is unclear, an heir cannot be found, or the title company will not accept an affidavit.

What to gather before you sell

• The death certificate.
• The current deed, which you can find in the county clerk’s online records.
• The names and contact details of every heir, including any stepparent and the children of any heir who has died.
• Recent mortgage statements, if there is a loan, and the property tax statements.
• The homeowner’s insurance policy. Call the insurer and say the house is empty. Many policies limit coverage on a vacant house.

The house keeps costing money while you wait

An inherited house does not pause while the paperwork gets sorted out. Property taxes keep adding up, insurance and utilities keep billing, the yard needs mowing, and any mortgage payment is still due. An empty house can also draw break-ins and water damage that nobody notices for weeks.

Add those costs up for six months or a year before deciding how to sell. For some families, fixing the house up and listing it is worth the time. For others, especially when the heirs live far away or do not agree on spending money on repairs, selling the house as it is ends the carrying costs sooner.

When the heirs do not agree

One heir cannot sell the whole house alone. Every owner signs the deed. If someone will not sign or cannot be reached, talk with a Texas attorney about your options before you sign anything with a buyer.

How a cash sale fits

With a cash sale, nobody has to clean out the house, repair it, or hold showings. The closing happens at a title company once the title work is done, and the title company can usually pay each owner their share of the money at closing. That keeps things simple when the heirs live in different places.

If you have inherited a house in the Houston area, send me the address. We can talk about the house while the paperwork is still being worked out. More on inherited houses is on this page.

Sources

Texas Estates Code sections 201.001, 201.002 and 201.003 (who inherits without a will), 202.0025 (when an heirship case can be filed), 203.001 (recorded affidavits of heirship as evidence), 205.001 and 205.006 (small estate affidavits and the homestead). Read October 2026.