1. What Dying Intestate Means in Texas
When someone dies without a valid will, they are said to have died intestate. Texas intestacy law — found in the Texas Estates Code — determines who inherits the property based on a strict legal formula tied to family relationships. The court doesn't consider who was closest to the deceased or what they might have wanted. It follows the statute.
This matters enormously for real estate because the property cannot be legally sold until everyone with a legal ownership interest has been identified, located, and either brought into agreement or had their interest handled through the courts.
2. Who Inherits When There Is No Will in Texas
If the Deceased Was Married
Community property goes entirely to the surviving spouse if the deceased had no children, or had children only with the surviving spouse. If there were children from a prior relationship, those children inherit the deceased's half of community property. Separate property is split between the surviving spouse and children according to a statutory formula.
If the Deceased Was Not Married
The estate passes to children in equal shares. If no children survive, it goes to parents. If no parents survive, to siblings — and outward through family relationships in a specific legal order regardless of what anyone believes the deceased would have wanted.
3. Three Ways to Sell Inherited Property Without a Will in Texas
Option 1: Affidavit of Heirship
An Affidavit of Heirship (AOH) allows heirs to establish ownership without formal probate. Two disinterested witnesses — not heirs, who knew the deceased for at least 10 years — sign a sworn statement describing the deceased's family relationships and heirs. The AOH is filed with the county clerk and, after two years, is generally accepted by title companies as proof of ownership. Some cash buyers can work with it sooner in certain circumstances.
Option 2: Small Estate Affidavit
If the total estate value (excluding homestead) is $75,000 or less, a Small Estate Affidavit can be filed with the court. It is simpler and faster than full probate, requires court approval, and is not available for all situations. A probate attorney can confirm whether your estate qualifies.
Option 3: Intestate Probate Administration
For larger or more complicated estates, full probate is required even without a will. The court appoints an administrator who then has legal authority to manage and sell estate property. This is the most common path when an Affidavit of Heirship is insufficient to satisfy title requirements.
Which option is right for you depends on estate size, how long ago the person died, whether heirs are in agreement, and whether any creditors have made claims. A probate attorney can usually assess your situation in a brief initial consultation.
4. Common Complications When There Is No Will
Missing or estranged heirs
Texas intestacy law requires that all legal heirs be identified and notified — even those who have been out of contact for years. A missing heir does not lose their claim. Their interest must be addressed through the court process, which can add significant time and cost.
Half-siblings and blended families
Half-siblings inherit the same as full siblings under Texas law. Blended families with children from multiple relationships add complexity to the chain of heirship and can result in more parties needing to agree before a sale can close.
Clouded title
When property transfers informally within a family over years without proper documentation, the title becomes clouded. Selling a property with clouded title requires curative title work. We work with title attorneys who specialize in exactly this and cover those costs in most cases.
Common-law marriage claims
Texas recognizes informal marriage under specific conditions. A claimed common-law spouse can assert inheritance rights, which may need to be resolved in court before a sale can close. A probate attorney is essential in this situation.
5. How We Help Families Without a Will
- We understand the Affidavit of Heirship process and which title companies will work with it
- We coordinate directly with probate attorneys handling intestate administration
- We resolve clouded title through our title company at no out-of-pocket cost to you
- We have handled sales involving half-siblings, estranged heirs, and disputed heirship
- All paperwork can be completed remotely — no one has to fly to Texas
- We cover heirship affidavit preparation costs in many cases
"My uncle died without a will and the family hadn't spoken in 20 years. Four of us scattered across three states, none of us knew what to do. They walked us through the heirship affidavit, found an attorney, and we closed about 60 days after we first called."— Heir, Dallas County estate
6. Frequently Asked Questions
Can I sell a house if there is absolutely no will?
Yes. Having no will means the property passes under Texas intestacy law, not that it cannot be sold. The path is different — and usually longer — than selling with a will in place, but it is entirely solvable.
What if I cannot locate all the heirs?
Texas courts have procedures for serving notice to unknown or unlocatable heirs through publication. After proper notice, the court can proceed with administration and authorize a sale. This adds time but is not a permanent barrier.
How long does intestate probate take in Texas?
Uncontested intestate probate with clear heirship typically runs 9–14 months. Contested heirship or missing heirs can extend this significantly. An Affidavit of Heirship, if applicable, is much faster.
Does the Affidavit of Heirship work for selling the property?
Yes, for qualifying situations. Most title companies accept a recorded Affidavit of Heirship after a two-year waiting period. Some cash buyers can work with it before the two-year mark in certain cases.
Does it cost more to sell without a will?
The probate and legal costs are generally higher without a will because the heirship process adds steps. However, those costs typically come out of the estate proceeds — not your pocket upfront. When you sell to a cash buyer, we also cover title and closing costs on our end.