When a Loved One Passes and the Home Is at Risk: What Texas Families Need to Know
- Jonah Wilson
- Dec 6, 2025
- 3 min read
Just imagine this for a moment…
A parent passes away. The house is still in their name. Maybe there’s no will. Maybe multiple heirs are involved. And just as the family is trying to grieve and figure things out, a letter from the mortgage company shows up:
“Payment past due.” “Foreclosure scheduled.”
It hits fast. It hits hard. And most families have no idea what to do next.
That’s where our work begins.
Why This Happens So Often in Texas
Have you ever noticed how nobody teaches us what happens to real estate after someone passes?
In Texas, the moment the homeowner dies, the mortgage doesn’t disappear. The county doesn’t pause taxes. The lender doesn’t wait for probate to finish.
Everything keeps moving — and if the family doesn’t take action, the property can slip into foreclosure before anyone even knows what’s happening.
Who Actually Owns the Property After Death?
This is where families get confused.
In Texas:
If there is a will, ownership must go through probate.
If there’s no will, the heirs must be identified and legally recognized.
If there are multiple heirs, they all share an undivided interest.
And until all of this is sorted out, the lender doesn’t care — the loan is still due.
That’s why so many inherited homes go into foreclosure long before the family can get organized.
Step One: Protect the Property Before You Lose It
This part is critical.
The biggest mistake families make is waiting:
“We’ll deal with the house once the court sorts it out.”
But lenders don’t wait. Counties don’t wait. HOA fees don’t wait.
Once foreclosure starts, you’re working against deadlines — and equity can disappear overnight.
The goal is simple: Freeze the damage. Keep the property safe. Preserve every dollar of equity possible.
Step Two: Figure Out Who the Legal Heirs Are
Texas has strict rules about heirship.
A lender or county won’t just “take your word for it.”
They need clarity:
Who are the heirs?
Is there a will?
Does probate need to be opened?
Does an affidavit of heirship apply?
Are there heirs out of state?
Did someone live in the home before the death?
Sorting this out early gives the family control — not the lender.
Step Three: Line Up Probate With the Foreclosure Timeline
Here’s something most people don’t know…
Probate and foreclosure move on different clocks.
Probate can take months. Foreclosure can take weeks.
That mismatch is where families lose homes.
One of the first things we look at is timing:
How far behind is the mortgage?
Has a sale date been set?
Does the county have a tax lawsuit?
Can we pause the process long enough to finish probate?
A small delay can save an entire property.
Step Four: Decide the Family’s Goal
Every family has a different plan:
Keep the home?
Refinance once heirs are recognized?
Sell it as-is?
Buy out other heirs?
Rent it?
Cash out the equity?
You don’t want the lender deciding for you.
When the family chooses the direction early, everything becomes easier.
Why Families Bring Us Into These Situations
When emotions, paperwork, and deadlines collide, people freeze. Not because they don’t care — but because they don’t know the rules of the game.
We step in to:
Interpret what the lender is really saying
Line up probate steps the family didn’t know existed
Coordinate with attorneys and county offices
Keep foreclosure from wiping out equity
Guide heirs through the entire process
Make the path clear in a moment that feels anything but clear
Our work is simple: Protect the property. Protect the family. Protect the equity.
If Your Family Is Facing This Situation Right Now
Whether you’re dealing with:
A recent death
A home still in the deceased’s name
A foreclosure letter
Confusion about heirs
No will
Multiple heirs who don’t agree
Probate you’ve never gone through before
You don’t have to figure this out alone.
Contact
Post-Death Foreclosure, Probate & Inheritance Consulting.
Led by Jonah Wilson
866-800-6632 Ext 555
Let’s get the story straight, get the timeline under control, and protect your family’s property before the lender makes the next move.
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