Who Has the Right to Remove Property After a Loved One Dies in Austin, Texas?
Losing a spouse is heartbreaking, but the pain can be made even worse when stepchildren or other relatives rush into the home and start removing property before the estate has even been settled. This is a common problem for surviving spouses across Austin — from homes in Westlake to retirement communities near The Domain.
Here’s a hypothetical situation that happens all the time…
“My relative died yesterday. Her children have already come to my dad’s home in Tarrytown and started taking her belongings. What can we do to stop them?”
Sadly, this situation happens more than people realize. Let’s talk about what Texas law says about property rights after someone dies, and how a surviving spouse in the Austin area can protect themselves.
Who Can Legally Take Property From the Home?
Generally, no one has the right to remove items from a deceased person’s estate until a probate court appoints an executor or administrator, even if they are adult children of the deceased.
Unless someone:
Has written permission under the will, or
Has been formally appointed by the Travis County probate court
they cannot remove personal property from the home.
If a surviving spouse is still living in the home — whether it’s in Circle C Ranch, Mueller, or a condo downtown — they have every right to stay there and keep their property undisturbed until the estate is properly settled.
How to Stop Relatives From Taking Property
If stepchildren or other relatives are taking items before probate begins, here’s what you can do:
Tell them to stop
Communicate firmly but calmly that no property should be removed until probate is opened.
Call law enforcement
If they refuse or you feel threatened, contact Austin Police Department at 311 (non-emergency) or 911 if the situation escalates.
Change the locks
If relatives have keys but do not live in the home, the surviving spouse is fully within their rights to change the locks to protect their residence.
Speak to a probate lawyer in Austin
An experienced probate attorney can help open the case quickly, advise you on your rights, and send formal letters warning family members to stop taking property without legal authority.
Why Acting Fast Matters in Austin Probate
In areas like Barton Creek, where estates can include valuable personal items, unauthorized removal of property can cause serious family rifts and legal headaches. Acting quickly preserves peace and protects the surviving spouse’s rights under Texas law.
No one should take property from an estate without going through the proper legal channels — especially if a surviving spouse is still living there.
Final Thoughts
If you or a loved one is experiencing this stressful situation, don’t wait. An Austin probate lawyer can help you protect your rights and keep the estate process fair and legal.
Need help today? Call Mike Massey Law at (512) 400-4430 for a free consultation. We proudly serve clients across Austin, from Steiner Ranch to Buda, and we’re ready to protect what matters most to you.
