How to Secure a Deceased Person’s Home and Inventory Belongings in Texas

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Securing a Deceased Person’s Home and Preventing Removal of Property in Texas

Disclaimer: This is general information, not legal advice. Consult a licensed Texas attorney for advice about your specific situation.

Quick answer — what to do first

If someone has died and you are concerned that siblings or others will remove belongings before you are formally appointed the estate’s Administrator, act promptly but carefully: document the house and belongings with photos/video, contact local law enforcement if anyone tries to remove property, contact the probate court clerk about an emergency or expedited appointment, and consult a probate attorney. Avoid permanently disposing of items or making major decisions about estate property until you have legal authority.

Detailed answer — step‑by‑step actions you can take in Texas

1. Preserve the scene and document everything

  • Do a complete walkthrough and take time‑stamped photos and videos of every room, closets, safes, garage, and outbuildings. Record serial numbers, jewelry, firearms, vehicles, and heirlooms where visible.
  • Make a written inventory as you go. Note condition, approximate value, and location for each item or category (furniture, electronics, documents, jewelry).
  • Ask one or two neutral witnesses (friends, neighbors) to accompany you and sign a short statement that they saw the condition of the house at that time.

2. Secure the property physically — do so carefully

  • Change the locks only if you have legal authority or if the property is unoccupied and there is an immediate risk of theft. If you change locks, keep the old keys and a complete record of who has keys. Do not throw away or destroy items.
  • If you cannot legally change locks, consider boarding windows or adding a simple security device (alarm, camera) that does not remove or alter estate assets.
  • For high‑value small items (cash, jewelry), move them to a secure place (bank safe deposit box or a reputable storage facility). Keep a clear chain of custody: who moved the items, when, why, and where they are now.
  • Do not sell, give away, or intentionally destroy estate property. That can create criminal and civil liability for you and others.

3. Use law enforcement if someone tries to remove property

If a sibling or other person attempts to remove items from the house without permission or legal authority, call the police. Removing items that do not belong to the remover can be a crime (theft or criminal trespass) under Texas law:

Ask the responding officer to take a report describing attempted removal or theft, and keep a copy for the probate file and any later court proceedings.

4. Contact the probate court promptly

  • Call or visit the probate or district clerk’s office in the county where the decedent lived. Ask how to file for Letters of Administration (application to be appointed Administrator) and whether there is an emergency or expedited process.
  • In some counties the court can issue immediate temporary relief — for example, appointing a short‑term custodian/temporary administrator or entering a temporary restraining order to stop removal of assets — until a full hearing is held. Ask the clerk how to request emergency relief and what forms are required.
  • General information on Texas probate procedures is available from the Texas judicial branch: Texas Courts — Probate. The clerk can also tell you filing fees and what supporting documents (death certificate, ID, list of heirs) are needed.

5. File for appointment and consider asking for emergency relief

  • File an Application for Small Estate affidavit (if eligible) or for Letters of Administration. If you are the named executor in a will, file for probate of the will and for Letters Testamentary.
  • If assets are at risk, ask the court for a temporary restraining order or temporary administrator to prevent removal or dissipation of assets pending appointment. An attorney can draft and file a motion that explains the immediate danger to estate property.

6. Keep meticulous records

  • Keep copies of all inventories, photos/videos, police reports, communications with siblings, and court filings.
  • Record any transfers you make, including where items were stored and who witnessed the transfer. Courts expect transparency from administrators and will scrutinize unexplained movements of estate property.

7. Communicate, but avoid escalating the dispute

  • Tell siblings (in writing, ideally email) that you intend to file for appointment and that you request they not move or dispose of property before the court decides. Keep tone factual and non‑accusatory.
  • If family discussion is possible, temporarily agree on limited access rules (e.g., supervised visits, no removal) and document the agreement in writing. If disagreements escalate, stop communicating without an attorney present.

8. Hire a probate attorney if possible

  • A Texas probate attorney can file for letters, request emergency orders, and advise whether changing locks or moving items is safe in your circumstances.
  • If funds are limited, ask the court clerk about small‑estate procedures or pro se resources; some counties offer forms and self‑help guidance.

9. What not to do

  • Do not sell or give away estate assets for personal benefit.
  • Do not destroy or conceal property.
  • Do not use the decedent’s accounts unless you are legally authorized — unauthorized use can be theft.

Helpful hints

  • Make a digital backup of photos and inventories and email them to yourself so there is an off‑site timestamped copy.
  • Label boxes and bags you move with the date, contents, and who moved them.
  • Store high‑value items in a bank safe deposit box and keep the receipt and box number in your records.
  • If the decedent had firearms, check state and local rules for safe storage and transfer; notify the police if you fear they may be taken by someone not authorized to possess them.
  • If you suspect theft has already occurred, preserve evidence (photos, messages, receipts) and provide copies to law enforcement and your probate attorney.
  • Keep communications civil and documented — courts consider good faith and cooperation favorably when appointing administrators and resolving disputes.

Again, this information is educational and not legal advice. Contact a licensed Texas probate attorney or the county probate clerk to get guidance tailored to your facts.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.