INTESTATE PROBATE
Houston Intestate Probate Attorney
Navigate the Texas probate process and determine what happens to an estate when a loved one dies without a valid will.
Serving Harris, Brazoria, and Montgomery Counties.
WITHOUT A WILL
When a Loved One Dies
Without a Will
When someone dies without a valid will, the person is considered to have died intestate. Texas law determines who inherits probate property rather than allowing the family to distribute it according to personal preference.
The process may require the court to identify the legal heirs, determine their inheritance shares, and appoint an administrator to manage the estate.
Attorney Megone Trewick helps families understand the intestate probate process, complete the required legal steps and administer the estate properly.
INHERITANCE & HEIRS
Who Inherits When There Is No Will?
Texas intestacy law determines who receives probate property based on the deceased person’s family relationships and the character of the property.
The outcome may depend on whether the person:
- Was married at the time of death
- Had children or other descendants
- Had children from another relationship
- Was survived by parents or siblings
- Owned separate property
- Owned community property with a spouse
- Had adopted children
- Had relatives who died before them
A surviving spouse does not automatically inherit every asset in all circumstances. The family structure and property ownership must be reviewed before inheritance shares can be determined.
DETERMINING HEIRS
Determining the Legal Heirs
When the deceased person’s heirs have not already been legally established, an application to determine heirship may be required.
During this proceeding, the probate court receives evidence about the person’s marriage and family history. The court may appoint an attorney ad litem to investigate and represent unknown heirs.
After reviewing the evidence, the judge signs an order identifying the heirs and stating each heir’s share of the estate.
Accurate family information is important, especially when there are blended families, children from previous relationships or relatives whose location is unknown.
ESTATE ADMINISTRATION
Appointing an Estate Administrator
Because there is no will naming an executor, the court may appoint an administrator to manage the estate.
The administrator’s responsibilities may include:
- Identifying and securing estate property
- Maintaining estate records
- Gathering financial and ownership records
- Managing property during administration
- Preparing an inventory of estate assets
- Completing required court filings
- Notifying creditors when required
- Distributing remaining property to the heirs
- Addressing valid debts and expenses
- Closing the estate
The administrator receives legal authority from the probate court and must act in the interests of the estate rather than for personal benefit.
PROBATE ASSETS
What Property Goes Through Intestate Probate?
Not every asset becomes part of the probate estate. Some property may pass directly to another person through:
- A valid beneficiary designation
- A payable-on-death account
- A transfer-on-death designation
- A survivorship agreement
- A life insurance policy
- A properly funded trust
- Another valid non-probate arrangement
Property titled only in the deceased person’s name and lacking an effective transfer arrangement may require probate administration.
Reviewing how each asset is owned helps determine which property belongs in the estate and which property transfers separately.
PROBATE ALTERNATIVES
Are There Alternatives to Full Probate?
Some estates may qualify for a simpler transfer procedure, such as a small estate affidavit or affidavit of heirship. These options are available only when specific legal requirements are satisfied
The appropriate procedure depends on:
- The type and value of the property
- The identity and agreement of the heirs
- The amount of estate debt
- How the property is titled
- Whether real estate is involved
- Whether estate administration is necessary
Using the wrong procedure may delay the transfer of property or create title problems. Legal review can help determine the appropriate option.
COMMON CHALLENGES
Common Intestate Probate Challenges
Probate without a will may become more complicated when:
- Family members disagree about the heirs
- The deceased person had a blended family
- An heir cannot be located
- Real estate has unclear ownership
- The estate includes a business
- Property or financial records are missing
- Creditors make claims against the estate
- Heirs disagree about selecting an administrator
- Someone claims that a will exists
Addressing these concerns early can help protect estate property and reduce avoidable disputes.
TRUST PLANNING
Why Choose Trewick Law Firm?
Clear Probate Guidance
Megone explains the probate process, required court proceedings and administrator responsibilities in understandable language.
Personalized Estate Review
The firm reviews the family history, property and circumstances before recommending the appropriate process.
More Than 18 Years of Experience
Megone brings extensive experience involving probate, estate planning, guardianship, real estate and family-related legal matters.
YOUR QUESTIONS ANSWERED
Frequently Asked Questions
Does a surviving spouse inherit everything in Texas?
Not always. The result depends on the deceased person’s family relationships and whether the property is separate or community property.
Can the family choose how to divide the estate?
Texas intestacy law determines the heirs and their shares. Any alternative arrangement must be handled through appropriate legal procedures.
Is probate always required when there is no will?
No. Some property transfers outside probate, and certain estates may qualify for a simplified procedure. The assets and circumstances must be reviewed.
START PLANNING TODAY
Get Help with an Intestate Estate
Trewick Law Firm can help your family determine the legal heirs, select the appropriate probate procedure and administer the estate properly.
