Managing a Home After the Death of a Loved One: A Guide for Texas Families

Losing a loved one is hard. On top of the emotional toll, families often face complex decisions—especially when it comes to what to do with a home that’s been left behind.

Whether it’s your parent’s house or a grandparent’s long-time family home, the property can be both a valuable asset and a source of stress. There may be legal paperwork to sort out, bills to pay, or disagreements between heirs. That’s why having the right guidance from a trusted real estate attorney in Tyler, TX can make a big difference. This article outlines the key steps to take when handling an inherited home.

Step 1: Determine Who Owns the Property Now

Before you do anything, it’s important to figure out who legally owns the home. This depends on:

• Whether there is a valid will or trust
• If the home was jointly owned with rights of survivorship
• What Texas inheritance laws say (if there’s no will)

If the property was listed in a will, it must usually go through probate, which is the court process for settling the estate. However, if the home was placed in a living trust or co-owned with a surviving spouse, probate may not be necessary.

Step 2: Navigate the Probate Process

If probate is required, the person named as the executor in the will must file the proper paperwork and follow Texas law. This includes:

• Paying off any debts or unpaid taxes
• Handling utility bills, insurance, and other property costs
• Transferring the property to heirs—or selling it if needed to pay off debts

Probate can take several months or even longer if the estate is complicated. When multiple people inherit a home, they must work together to decide what happens next. A real estate attorney in Tyler, TX can help families navigate these decisions and avoid legal conflicts.

Step 3: Manage Ongoing Costs

Inheriting a house doesn’t mean it’s free. Someone has to take care of:

• Mortgage payments – These must continue, or the lender may start foreclosure.
• Property taxes – These don’t stop when the owner passes.
• Utilities and upkeep – Heating, cooling, water, lawn care, and repairs still cost money.
• Insurance – Notify the insurance company about the death to keep coverage active.

If the deceased had a reverse mortgage, the loan will likely need to be paid off soon—or the home may need to be sold.

Step 4: Decide What to Do With the Inherited Property

Once ownership and legal matters are sorted, the family must decide what to do with the house:

Keep It: This might work if one heir wants to live in the home or if the family wants to keep it as a rental property. Just remember—this also means taking on all the costs. 

Sell It: Selling is a common choice, especially when there are multiple heirs who want to split the proceeds. A real estate attorney in Tyler, TX can help handle title transfers, resolve liens, and manage closing paperwork.

Rent It Out: Renting can provide extra income, but it also means becoming a landlord. Property management and repairs become ongoing responsibilities.

Disagreements between family members are common at this stage. One sibling may want to keep the home, while another wants to sell. A clear estate plan helps prevent these conflicts—but if one doesn’t exist, legal support is often necessary.

Read more on the importance of an estate plan in our article, Why Everyone Needs an Estate Plan, Regardless of Wealth

Step 5: Secure and Prepare the Property

While sorting out next steps, it’s a good idea to:

• Change the locks and secure the home
• Inspect the property for damage
• Keep up with lawn care and maintenance
• Notify the homeowner’s insurance company
• Look for documents about loans, taxes, or HOA dues

Getting a professional home appraisal can help you understand the property's current market value. This is especially helpful if you're thinking about selling or renting.

Why You Should Work With a Tyler Real Estate Attorney

Managing an inherited home involves more than just emotions—it requires smart legal and financial planning. An experienced real estate attorney in Tyler, TX can help with:

• Transferring ownership or clearing title issues
• Handling probate and court filings
• Managing disputes between heirs
• Preparing the home for sale
• Reviewing contracts and closing documents
• Making sure you meet all legal requirements

Trying to do all of this on your own can be overwhelming. Having a local attorney who understands Texas property and probate laws gives you peace of mind and a clear path forward.

Key Takeaways for Managing Inherited Real Estate

• The home may go through probate unless it’s in a trust or jointly owned.
• Heirs are responsible for bills, taxes, and mortgage payments after a death.
• Deciding to keep, sell, or rent the home depends on financial and family goals.
• Disputes can arise when multiple heirs are involved—legal help can ease the process.
• A real estate attorney in Tyler, TX can guide you through every step.

Need Help Managing an Inherited Property?

If you’re dealing with a loved one’s home after their passing, don’t go it alone. The legal and financial issues can feel overwhelming—but help is available. At Campbell Law Firm, we assist families across East Texas with probate, property transfers, and estate matters. Book a consultation today with a trusted real estate attorney in Tyler, TX. We’ll help you navigate your next steps with care and clarity.

Reference: AllLaw (Aug. 03, 2022) “Transferring Real Estate After Death”