When someone passes away without a will, it's called dying intestate. It happens more often than you'd think — and it tends to make an already difficult situation more complicated. If you're dealing with an estate where there's no will, this guide will walk you through what the process looks like in Texas, who has authority over the property, and what your options are.
As always: we're licensed Texas Realtors, not attorneys. For legal guidance specific to your estate, work with a probate attorney. This guide covers the real estate side of things.
What "Dying Intestate" Actually Means
Intestate just means the person passed away without a valid will in place. When that happens, Texas law steps in to determine what happens to the estate — who gets what, who's in charge, and how assets get distributed.
Texas has a detailed set of intestacy laws that govern this process. The outcome depends heavily on the deceased's family situation: whether they were married, whether they had children, and whether those children are from the current marriage or a prior relationship. The details matter a lot and can get complicated fast, especially in blended family situations.
Who's in Charge When There's No Will?
Without a will, there's no executor named. Instead, the court appoints someone called an administrator to manage the estate. This is usually a family member — a surviving spouse, adult child, or other close relative — but it has to go through the court process before that person has any legal authority to act.
Until an administrator is appointed, nobody has the legal authority to sell, transfer, or make major decisions about estate property. This is one of the key reasons intestate situations can be slower to resolve than estates with a will.
Administrator vs. Executor — What's the Difference?
An executor is named in a will and steps in with authority once the court validates the will. An administrator is appointed by the court when there's no will (or when the named executor can't serve). Both roles carry similar responsibilities — managing the estate, paying debts, and distributing assets — but the administrator's authority comes entirely from the court rather than the deceased's own instructions.
How Texas Law Decides Who Gets What
Texas intestacy law follows a specific order of inheritance. Here's a simplified breakdown of the most common scenarios:
Married with children (all from current marriage)
The surviving spouse keeps their half of community property. The other half goes to the children, not the spouse. This surprises a lot of families — the surviving spouse doesn't automatically inherit everything.
Married with children from a prior relationship
The surviving spouse keeps their half of community property. The deceased's half goes to their children from the prior relationship — not to the current spouse. This is one of the more complicated intestate situations.
Married, no children
The surviving spouse typically inherits everything, though the deceased's parents or siblings may have a claim to separate property depending on the circumstances.
Unmarried with children
The estate goes equally to the children. If a child has already passed away, that child's share typically goes to their own children (the deceased's grandchildren).
No spouse, no children
The estate goes to parents, then siblings, then more distant relatives. Texas follows a specific order. If no living relatives can be found, the estate ultimately goes to the state.
Again — these are general outlines. The specifics of your family situation may change the outcome significantly. A probate attorney can tell you exactly how Texas law applies to your estate.
What Happens to the House Specifically?
Real estate follows the same inheritance rules as other assets, but with one added layer of complexity: the property can't be transferred or sold until the court process is complete and the heirs are legally established.
In intestate situations, that often means going through something called an heirship proceeding — a formal court process where the judge determines who the legal heirs are. This takes time and requires documentation, witness testimony, and in some cases, a court-appointed attorney ad litem to protect the interests of any unknown heirs.
Once the heirs are established and an administrator is appointed, the process of deciding what to do with the property can begin. The administrator has legal authority to manage the property — keeping up with taxes, insurance, and maintenance — and in most cases, to negotiate a sale on behalf of the estate.
The Biggest Complication: Multiple Heirs Who Don't Agree
This is by far the most common challenge we see in intestate situations. When there's no will, there's often no clear instruction about what to do with the house — and that leaves room for disagreement among heirs.
One sibling wants to sell quickly. Another wants to keep it. A third lives out of state and isn't engaged. Someone thinks the property is worth more than it is. Someone else just wants it done.
When heirs can't agree, the process slows down significantly. In extreme cases, any heir can petition the court to force a sale — but that's a last resort and adds cost and time to an already slow process.
We've worked through a number of these situations. Sometimes having a neutral third party walk through the options with everyone — presenting real numbers, explaining the process, and helping set realistic expectations — is enough to get the family aligned. We're happy to do that.
Can You Sell the Property Without a Will?
Yes, but the path is a bit longer. Here's roughly what it looks like:
The basic intestate sale process
File with the probate court to open the estate → Court determines heirs through an heirship proceeding → Administrator is appointed → Administrator has authority to negotiate a sale → Sale closes and proceeds are distributed to heirs according to Texas law. The timeline varies widely depending on family complexity, court schedules, and whether heirs are in agreement.
The good news is that Texas courts are generally efficient compared to other states, and an experienced local title company and probate attorney can keep things moving. Cash buyers like us are also used to working within probate timelines and can structure transactions around what the court allows — so a longer process doesn't necessarily mean a worse outcome.
What Should You Do First?
If you're dealing with an estate that has no will, here's where to start:
Secure the property
Change the locks, confirm the utilities are on, and make sure the property is insured. An unoccupied home can deteriorate fast and become a liability.
Get a probate attorney
Intestate situations are more legally complex than estates with a clear will. An experienced local probate attorney is not optional here — they'll guide the heirship determination and administrator appointment.
Get the family aligned early
The more the heirs can agree on a direction early, the faster and cheaper the process goes. Start that conversation as soon as possible, before positions get entrenched.
Understand your real estate options
Once the legal side is underway, talk to someone who knows probate real estate in DFW. We can give you a realistic picture of what the property is worth and what a sale would look like — before you're under any pressure to decide.
Intestate situations are harder than they need to be when families don't have good information and a clear plan. We work with families across DFW at every stage of this process and we're happy to be a resource — even if you're not ready to make any decisions yet.
Dealing With an Estate and No Will? Let's Talk.
Book a free call and tell us where things stand. We'll walk through your options for the property honestly, at whatever stage of the process you're in.