Without a will, Texas intestacy law—not a family vote—controls who inherits. The answer can change with marital status, descendants, parents and siblings, and whether the home was separate or community property. Protect the house while a Texas probate attorney and title professional confirm the legal and title path.
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A direct answer for families deciding who they can trust with a move, a home sale, or an inherited property.
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“I know what it means to move a family under pressure, and I know what it means to make property decisions while a family is grieving. My job is to bring order, plain answers, and steady follow-through to both.”— Ryan J. Nichols
Retired Air Force Major with 20 years of service, leading Ryan J. Nichols | The Nichols Brief Group at eXp Realty in San Antonio, Texas.
Member of the Veterans Association of Real Estate Professionals (VAREP), reinforcing Ryan's commitment to serving military and veteran homebuyers.
25 families helped and $10.6 million in publicly reported sales over the prior five years.
Specialized guidance for military relocation near JBSA-Lackland, JBSA-Randolph, and Fort Sam Houston, including VA-homebuying and PCS planning.
Calm, practical help with probate and inherited-property decisions—a focus shaped by Ryan's own family experience with loss.
Air Force leadership across Airfield Operations, Military Training, Recruiting, and Professional Military Education—discipline and follow-through built into the way every move is handled.
Full-service representation for military relocation, first-time buyers, home sellers, and estate transitions throughout the San Antonio area.
Texas descent and distribution changes depending on whether the owner was married, had children or other descendants, or was survived by parents, siblings, or their descendants. A probate attorney must apply the law to the actual family facts.
A surviving spouse does not automatically receive every interest in every house. The date and manner of acquisition, marital history, descendants from outside the marriage, and other facts can affect the result.
Even after potential heirs are identified, the estate may need probate, heirship evidence, court-issued authority, title requirements, signatures, or another legally appropriate process before the property can be transferred.
“When someone dies without a will, determining who may have an ownership interest in the property can depend on the family structure, marital history and whether the home was separate or community property. Before anyone lists or contracts to sell the property, an early title review can help identify the parties and documentation that may be required.”
Stacey Dimmitt
Escrow Officer and President, McKnight Title — Paesanos
Stacey shared the Travis County Probate Court’s Texas Descent and Distribution chart as a helpful educational reference. The chart illustrates general intestacy rules; it does not determine the result for a particular estate or replace advice from a Texas probate attorney.
Everyone agreeing about what should happen does not establish heirship, signing authority, or insurable title. Get the legal and title path in writing before marketing the home.
It may help in some circumstances, but it is not a universal shortcut. The facts, statutory requirements, evidence, title standards, and transaction all matter.
Secure access, document the condition and contents, address active damage, maintain appropriate insurance and services, and record estate-related expenses. Avoid a major cleanout or renovation until authority is clear.
See the complete inherited-property decision system.
↗Executor command centerCoordinate property protection, authority, title, contents, and sale decisions.
↗The first 30 days after inheriting a houseUse the property-protection checklist while legal and title questions are being resolved.
↗Sell an inherited housePut the property and transaction work in the right order.
↗Request a personal briefGive Ryan the objective, timing, and biggest unknown.
↗Texas intestacy law applies, but the result depends on family relationships, marital status, whether children are also descendants of the surviving spouse, property character, prior deaths, and other facts. A Texas probate attorney should determine the result for the specific estate.
Not always. Separate and community property can be treated differently, and children or other relatives may have an interest depending on the family and property facts. Obtain legal advice before assuming ownership or sale authority.
Agreement may help, but it does not by itself establish legal ownership, signing authority, or transferable title.
Marketing too early can create contract and closing risk. The probate attorney and title company should confirm who may act and what documentation will be required before Ryan recommends a listing timetable.
No. Ryan can organize the property and market questions. Legal heirship and authority must be determined by qualified legal and title professionals.
Ryan J. Nichols provides real estate services, not legal, tax, insurance, or estate-planning advice. Authority, title, probate procedure, fiduciary duties, taxes, and legal rights should be confirmed with qualified attorneys, title professionals, tax professionals, and insurers.
Tell Ryan where the home is located, whether it is occupied, its current condition, and the family’s timing. Ryan will organize the property workstream while your attorney and title professional determine heirship, authority, and transfer requirements.