[TX] My grandmother died without a will, who gets her house?
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I’m so sorry about this situation. I want to give you a detailed response, so if you have any questions, don’t hesitate to ask — this stuff can get complicated.
The short answer: if a will was never probated within four years, the property usually passes as if there were no will, meaning it follows intestacy laws. That generally means heirs such as children (and possibly grandchildren) inherit, divided by statute. The will itself may no longer control the distribution, though in some cases it can still be used for limited purposes.
The long answer: since the will was never probated and the deadline has passed, the house is treated as though your grandmother died without a will. Under Texas intestacy law, her heirs (usually her children, or their descendants if a child has died) become co-owners of the property. Everyone who qualifies as an heir has an ownership interest in the house, even if one person has been paying the taxes or living there.
Here’s what you can do legally:
- Gather a copy of the death certificate, any copy of the will, and proof of who her living heirs are.
- Have a title search done so you know exactly what is still recorded under her name.
- If all heirs agree, you can file an Affidavit of Heirship in the county where the property is located. This can establish record title in the heirs’ names without going through probate. Here’s a sample template:
Sample Affidavit of Heirship - If there is disagreement among heirs, you may need to file a Determination of Heirship proceeding in probate court.
- Once heirship is formally established, you and the other heirs can decide whether to keep the house, sell it, or transfer ownership to one person.
- If another family member wrongfully claims sole ownership, you can file a partition action in court to force either a buyout or sale.
- Taxes must continue to be paid; otherwise, the county can eventually foreclose for unpaid property taxes.
There’s no state agency that can handle this for you. The process has to go through county probate court or, if all heirs are cooperative, through affidavits recorded with the county clerk.
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My grandmother died a while ago, and her house is still in her name. There was a will, but it was never enacted, and the deadline is long past. Who gets the property?
I’m sorry to hear about your grandmother’s passing; that can be a difficult situation. Can you tell me if the will was ever probated or if any steps were taken to transfer the property?
It was never probated. No steps were taken to transfer the property.
Are there any other heirs or beneficiaries mentioned in the will?
Yes, but the will is null and void.
Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with your property transfer.
Yes.
Hello! Legal Eagle here, and I’m an attorney specializing in your area of law. I’m more than happy to help you with your situation.
Who is currently living in or paying taxes on the property, if anyone?
My mother, sister, and my 10-year-old niece live there. I was paying the taxes for years but didn’t this year. The property is in Texas.
Thanks for sharing that. Since the property is in Texas, could you tell me a bit more about what the will says regarding the distribution of the property? That will help me understand the situation better.
Even though it’s been more than four years?
I understand it’s been a while since your grandmother passed. Could you let me know if the will specifies who should inherit the property? This information can help determine the next steps.
Okay! I just need a little time to draft a high-quality answer. I’ll be with you as soon as possible. It won’t be terribly long, okay?
I’m so sorry about this situation. I want to give you a detailed response, so if you have any questions, don’t hesitate to ask — this stuff can get complicated.
The short answer: if a will was never probated within four years, the property usually passes as if there were no will, meaning it follows intestacy laws. That generally means heirs such as children (and possibly grandchildren) inherit, divided by statute. The will itself may no longer control the distribution, though in some cases it can still be used for limited purposes.
The long answer: since the will was never probated and the deadline has passed, the house is treated as though your grandmother died without a will. Under Texas intestacy law, her heirs (usually her children, or their descendants if a child has died) become co-owners of the property. Everyone who qualifies as an heir has an ownership interest in the house, even if one person has been paying the taxes or living there.
Here’s what you can do legally:
- Gather a copy of the death certificate, any copy of the will, and proof of who her living heirs are.
- Have a title search done so you know exactly what is still recorded under her name.
- If all heirs agree, you can file an Affidavit of Heirship in the county where the property is located. This can establish record title in the heirs’ names without going through probate. Here’s a sample template:
Sample Affidavit of Heirship - If there is disagreement among heirs, you may need to file a Determination of Heirship proceeding in probate court.
- Once heirship is formally established, you and the other heirs can decide whether to keep the house, sell it, or transfer ownership to one person.
- If another family member wrongfully claims sole ownership, you can file a partition action in court to force either a buyout or sale.
- Taxes must continue to be paid; otherwise, the county can eventually foreclose for unpaid property taxes.
There’s no state agency that can handle this for you. The process has to go through county probate court or, if all heirs are cooperative, through affidavits recorded with the county clerk.
My grandmother has two heirs — my mom and her brother. My mother lives in the house with my sister and her daughter. My sister’s boyfriend has slowly moved in over time, and my mother can’t stand it and wants him out. Does she have the legal authority to do so?
I understand. Your mother and her brother are the legal heirs, so they both own the house together under Texas law. Since your mother is only a co-owner, she cannot unilaterally decide who can or cannot live there without her brother’s agreement. If her brother refused to act, your mother would need to go through court — either by filing for a partition or eviction — to legally remove your sister’s boyfriend.
My uncle — her brother — is completely on board.
If your mother and her brother are both heirs and fully agree, then together they control the property as co-owners. That means they can decide who is allowed to live there and who must leave. With both owners on the same page, your mother has the legal authority to require your sister’s boyfriend to move out.
She has the authority to kick my sister out too, correct? She’s part of the problem.
Yes, if both your mother and her brother are the legal heirs and co-owners, they can decide who stays in the home. That authority includes asking your sister to leave if she’s causing problems. Since they jointly own the property, their agreement gives them the legal right to remove anyone living there without permission.
