Abandoned property, deceased owner. What is next? New investor

Abandoned property, deceased owner. What is next? New investor

Austin, TX · Member since 2019 · 1 post · 1 vote

I found a great property in Austin, Tx but the person that owns the property is deceased only one contact number called and haven’t heard anything back. What should I do next? I’m a new investor learning as I go and I want to make the right choice.

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Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
6y

If the deceased had a will, then verify who was granted the property in the will, find that person and negotiate. If there was no will then check out the Texas law on intestate succession for real property    https://www.oldrepublictitle.com/media/3182/tx-intestacy-chart.pdf and start contacting the relatives of the deceased who have an interest the property.   Probate is the normal course, but it is not the only one.   You can get deeds from the heirs that grant you their interest and just start using the property.  In fact, if the property is abandoned in the legal sense, (the owner or heir intends to give up all their interest), then you don't even need a deed to start using the property.  https://www.biggerpockets.com/member-blogs/12388/86727-renting-without-owner-permission-can-this-be-legal-even-semi-legal
But not many people are suited for that approach.  Best wishes.

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  • Alexandria, VA · Member since 2017 · 22 posts · 12 votes
    6y

    @Jonathan McEachron You have no choice but to wait for the house to go thru probate and theres no guarantee that who inherits it even wants to sell it.

  • Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
    6y

    If the deceased had a will, then verify who was granted the property in the will, find that person and negotiate. If there was no will then check out the Texas law on intestate succession for real property    https://www.oldrepublictitle.com/media/3182/tx-intestacy-chart.pdf and start contacting the relatives of the deceased who have an interest the property.   Probate is the normal course, but it is not the only one.   You can get deeds from the heirs that grant you their interest and just start using the property.  In fact, if the property is abandoned in the legal sense, (the owner or heir intends to give up all their interest), then you don't even need a deed to start using the property.  https://www.biggerpockets.com/member-blogs/12388/86727-renting-without-owner-permission-can-this-be-legal-even-semi-legal
    But not many people are suited for that approach.  Best wishes.

  • Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
    6y
  • Attorney · Austin, TX · Member since 2014 · 888 posts · 759 votes
    6y

    In Texas, equitable title passes upon death.  Probate is for legal title.  You can be proactive.

    Start with skip tracing the decedent's heirs.  Name search, social media, ancestry.com, or PI.

    Send a letter - hand addressed envelope or FedEx.  Respectful message.  Don't use goldenrod colored paper; plain white or cream.

    Check Travis County probate court records to see if it has been opened.  Should list by decedent with admin/exec and/or attorney.

    I worked a ton of probate leads in mid-2000's before becoming a lawyer.

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