In Texas, you don’t automatically get the house just because your spouse dies.
Your spouse can leave their share to whomever they wish in their Will, otherwise the laws of intestacy say who gets their share. You might wind up owning your home with your in-laws… Kid you not! If you would like to see what type of distribution you would have if you don’t have a Will, click here.
Most times, some type of probate action is required. Even if you have a Will, the court usually needs the Will to be filed with the court so that the Judge can make a determination that it really is a valid Will. You may or may not need some type of administration. If no administration is required, you may be able to probate the Will as Muniment of Title. To learn more about Muniment of Title, click here.
If you would like some general information about probate and considerations in choice of proceeding, please click here.
Let us know if you have any questions. You can call, email, or post.