Legal Question in Real Estate Law in Texas

The property may be conveyed to the heir or heirs of the deceased owners either under the terms of their will, or (more likely in this case) under the heir(s) at law of the deceased owners as defined in the Texas Probate Code. Every deceased person has an heir or heirs... it's just a matter of distant of relative(s) are their heir(s).

If there is a will for the deceased owner(s), normally the will would be probated, and the property would be deeded to the beneficiary under the will by the Executor of the Estate. Alternatively, if there is a will but no significant assets other than the property in question, a more inexpensive procedure using the will as a Muniment of Title can be used.

If no will exists, or if a will exists but has not or will not be probated within 2 years of the date of death, the easiest and least costly option to convey the property to the heirs would usually be an Affidavit of Heirship. An Affidavit of Heirship is a simple, quick, and relatively inexpensive document which gives the family history and closest living relatives of the deceased person (who are the heirs). This affidavit must be signed under oath by two disinterested persons with knowledge of the deceased person, and the signed notarized affidavits may be filed in the real property records of the county wherein the property is located, and would legally convey the property to the heir(s) named in the Affidavit.

Unless the deceased owners have other assets (which does not seem to be the case), an Affidavit of Heirship would probably be the easiest, quickest, and least costly option for the heir or heirs to obtain record title to the property. If that doesn't occur, and the property is vacant, then most likely the property taxes will not be paid, which would eventually result in the county selling the property at auction for past due taxes.