Many married clients assume that when one spouse dies, the surviving spouse will automatically inherit the real estate of their deceased spouse. This is not the case in Texas. Texas is a community property state, which means that when a married couple buys a home, each spouse owns a one-half community property interest in that home.

Because of this, when one spouse dies, his name remains on the title to the home until the surviving spouse completes the probate process for his will. If the will is not probated, the surviving spouse does not have full title to the home in her name. In order to sell the home, the surviving spouse will need to complete the probate process to transfer the title to her name; at that point, she will have the full authority and ownership of the house.

In Texas, you have four years to probate a will. Even if bank and investment accounts all name the surviving spouse as beneficiary, the will must still be probated in order to seek full ownership of the home. Bottom line – please speak to a probate attorney after the death of a spouse and make sure you have cleared title to all of your deceased spouse’s property.