Generally this is an heirship issue ...

by Flatlander, Tuesday, April 29, 2014, 13:46 (3867 days ago) @ Hoot

in Texas, would be determined by (1) whether you acquired property during marriage, and as separate property or community property, (2) whether your spouse passed away with or without a will, and whether the will has been probated, (3) whether you had children together or if she had children from a prior marriage, and (4) whether her estate left unpaid debts.

In Texas, while not impossible to resolve without a lawyer, efforts to do so are so frequently incomplete or screwed up, and the process generally so simple, that one is foolish not to.

In your state ... who knows, but acting on the assumption that it's not held as joint tenants with right of survivorship (rare here), it is likely an heirship issue.