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The Homeowner Just Died: What to Do First
The first days after a homeowner's death are about protecting the property and gathering information, not making permanent decisions.
The first days after a homeowner's death are about protecting the property and gathering information, not making permanent decisions. You do not need to understand every probate procedure before taking the first sensible steps. The actions below are practical, reversible, and designed to preserve information and property while you identify the right professionals to guide you.
Important Disclaimer:
Bill Ross is a licensed Texas real estate agent, not an attorney, CPA, or title professional. The guidance on this page is educational and should not be relied upon as legal or tax advice.
Before taking action on any estate matter, consult a qualified Texas probate attorney for legal authority questions, a title company for insurability and record-title questions, and a CPA or tax attorney for tax and filing questions.
What to Address Now
Secure the property
Lock doors and windows if safe to do so. If the property is unsecured, contact a locksmith and the local police non-emergency line to report the vacancy. Do not remove anyone from the property without legal authority.
Contact the insurance company
Notify the homeowner's insurance carrier of the death and the current occupancy status. Ask whether the policy continues, whether a vacancy endorsement is needed, and what coverage gaps may exist. Do not cancel the policy until you have confirmed replacement coverage or confirmed that the estate does not need it.
Document the property's condition
Photograph and video every room, the exterior, and any obvious damage. This creates a baseline record for insurance, valuation, and accountability.
Preserve utilities
Keep electricity, water, and HVAC running to prevent frozen pipes, mold, mildew, or other deterioration. If the property will be vacant, set the thermostat to a moderate temperature and arrange periodic checks.
Gather key documents
Locate the original will (if one exists), the death certificate, the deed, the title policy, any trust documents, transfer-on-death deeds, survivorship agreements, mortgage statements, insurance policies, tax bills, and HOA correspondence. Do not discard any paperwork.
Identify who is occupying the property
If someone is living in the home, note their identity, their claimed right to be there, and whether they have a lease or other agreement. Do not change locks, shut off utilities, or remove belongings without first consulting an attorney about the occupant's rights.
Keep receipts
Every expense you incur for the property from this point forward should be documented. The estate may be able to reimburse reasonable preservation costs, but only if they are properly recorded.
What Not to Assume or Do Yet
Do not assume the person named in the will is already authorized to act.
Authority begins when the probate court issues Letters Testamentary or Letters of Administration. It does not begin when the will is read, when the family agrees, or when the funeral ends.
Do not sign a listing agreement, accept an offer, or commit the property to a sale before legal authority is confirmed.
Do not distribute personal property, remove items from the home, or promise the property to any heir.
Do not cancel essential insurance or utilities without first confirming with the estate's attorney and insurer.
Do not pay estate debts from your personal funds without first understanding whether you are authorized and whether the estate has sufficient assets.
Documents to Locate
Questions to Ask the Probate Attorney
For a detailed guide to the filing process, see How to File for Probate in Texas on MoveToTexas.net.
- Who has legal authority to act on behalf of the estate right now?
- Is there a will, and does it name an executor?
- What type of administration will be required (independent or dependent)?
- How long will the appointment process take?
- Can preservation expenses be paid from the estate before appointment?
- Are there any urgent deadlines (mortgage payments, tax filings, insurance renewals) that cannot wait?
Questions to Ask the Title Company
- Who currently holds record title to the property?
- Are there any liens, judgments, or encumbrances on the title?
- What documents will the title company need before it can issue a policy?
- Will the title company accept an affidavit of heirship, or is probate required?
Property and Sale-Planning Work
This is where a real-estate professional can help. Once the property is secure and the key documents are gathered, a licensed agent can provide a market analysis, discuss timing, identify condition issues, and help you understand what the property might sell for, without committing you to a listing.
Bill Ross helps families assess and prepare estate homes for sale. This does not create a legal obligation to sell or a binding listing relationship.
Decisions Likely to Come Next
Whether probate is required and what type
Confirm with an attorney before assuming any path.
Who will serve as executor or administrator
The court confirms authority through appointment.
Whether the property should be maintained, secured, or prepared for sale
Immediate preservation actions do not require full authority.
How to handle mortgage payments, insurance, and property taxes during administration
Document every payment and coordinate with the estate's attorney.
Whether heirs want to keep the property or sell it
This decision can wait until authority and condition are clear.
Related Guides and Resources
Executor Estate Home Sale Checklist
Full 15-section checklist for Texas estate home sales
The Probate Process
Walk through the executor's journey from authority through closing
What Happens to the Mortgage When a Homeowner Dies
Mortgage and reverse-mortgage obligations for executors
Vacancy and Insurance for Estate Homes
Coverage gaps executors need to know about
What Happens When a Probate House Sits Vacant
Risks of deferred maintenance, vandalism, and insurance voids
Author: Bill Ross, Hill Country Homesteads Group. This content is educational and does not constitute legal, tax, or title advice. Consult a qualified Texas probate attorney, a licensed title company, and a CPA or enrolled agent before making decisions about estate property.
Bill Ross is a licensed Texas real estate agent (License #778434) and Certified Probate Expert serving Boerne, Fair Oaks Ranch, San Antonio, and the surrounding Hill Country communities. Hill Country Homesteads Group, brokered by KW Boerne. Information current as of July 19, 2026.