Legal Question Probate
Apr 9, 2026 · Asked by Linda R.

My father died without a will — who inherits his house in Texas?

My father passed away last month in San Antonio. He owned his home outright and had no will. He was widowed. There are three adult children including me. How does Texas law divide his estate?

1 Attorney Answer

Attorney Response Apr 12, 2026

TTL Legal Team

Verified Texas Attorney

When a Texas resident dies without a will (intestate), the Texas Estates Code §201.001 governs who inherits. With no surviving spouse and three adult children, his estate will pass in equal shares — one-third each — to all three children. The house will need to go through the probate process. You can file for a Muniment of Title (a simplified process if there are no debts other than the mortgage) or a full independent administration. You'll need to file in the county where your father resided. Consult a probate attorney to choose the most efficient path.

This is general legal information, not legal advice. Consult a licensed attorney for your specific situation.

Attorney answers are general legal information and do not constitute legal advice or an attorney-client relationship.

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