Estate Without a Will

When a person passes away without a will (intestate), the Texas Probate Code outlines the legal process for distributing their assets. The estate must go through probate to determine heirs, appoint an administrator, and settle outstanding debts before distributing assets according to Texas intestacy laws.

Step 1: Confirm That No Will Exists

Before proceeding with probate, verify that the deceased did not leave a valid will. Check with:

The deceased’s lawyer or accountant.
Safety deposit boxes and home filing cabinets.
The county clerk’s office (where a will may have been filed).
Family members or business partners who may have knowledge of a will’s existence.

If no will is found, the estate must be settled under Texas intestacy laws.

Step 2: Identify Heirs

In the absence of a will, Texas Estates Code determines how assets are distributed among heirs. This usually follows the family hierarchy:

Surviving spouse and children.
Parents and siblings (if no spouse or children exist).
Distant relatives (if no immediate family is found).

The administrator must compile a list of heirs and their relationship to the deceased.

Step 3: Determine the Estate’s Size and Complexity

Depending on the estate’s value and assets, there are different probate options:

Affidavit of Heirship (for Real Property Transfers)

Used when real estate is the primary asset.
Requires two disinterested witnesses to sign an affidavit confirming the deceased’s heirs.
Filed with the county clerk’s office.

Small Estate Affidavit (for Estates Under $75,000)

Available if the estate (excluding homestead property) is worth $75,000 or less.
Requires a court-approved affidavit listing heirs and estate assets.
Filed with the county clerk’s office.

Formal Probate Administration

Required for larger estates or when disputes exist.
Two types:
- Independent Administration – Requires minimal court supervision (if heirs agree).
- Dependent Administration – Requires court approval for all estate actions (used when heirs disagree or there are creditor claims).

Step 4: Apply for Letters of Administration

To officially manage the estate, the administrator must apply for Letters of Administration at the probate court in the county where the deceased lived.

The application must include:

The deceased’s name, date of death, and last residence.
A statement confirming the absence of a will.
A list of heirs and their relationships.
A description of the estate’s assets.
The administrator’s information and qualifications.

Cost of Filing for Administration

Probate filing fees range from $200 to $400, depending on the county.

Step 5: Post Bond (If Required)

If the court requires a bond, the administrator must obtain one to protect the estate’s heirs. The bond amount is based on the estate’s value and complexity.

Step 6: Notify Creditors and Heirs

Publish a Notice to Creditors in a local newspaper to inform creditors of the estate administration.
Directly notify known creditors via certified mail.
Notify all heirs of the probate proceedings.

Step 7: Inventory and Appraise Assets

Within 90 days of receiving Letters of Administration, the administrator must file an Inventory and Appraisement Report listing all assets, such as:

Real estate (homes, land, rental properties).
Financial accounts (bank accounts, investments, stocks, bonds).
Personal property (vehicles, jewelry, collectibles).

Step 8: Pay Debts and Taxes

Verify creditor claims before making payments.
Pay any final income taxes for the deceased.
Handle any estate taxes (if applicable).

Step 9: Distribute Assets to Heirs

Once all debts and taxes are settled, distribute the remaining assets according to Texas intestacy laws. The probate court may require formal approval before distributing funds.

Step 10: Close the Estate

File a Final Accounting Report with the court.
Request court approval to officially close the estate.

Important Tip:

Obtain multiple copies of the death certificate—banks and government agencies will require them for estate transactions.

Frequently Asked Questions About Probate Without a Will in Texas

What Happens to a Bank Account When Someone Dies Without a Will?

If a bank account does not have a designated beneficiary (such as a Payable-on-Death (POD) account), it becomes part of the estate. The process depends on the account type:

POD or TOD accounts – Funds transfer directly to the named beneficiary upon providing a death certificate.
No beneficiary listed – The bank freezes the account until the estate administrator presents Letters of Administration.
Joint accounts – Ownership automatically transfers to the surviving account holder.

How Much Does Probate Cost Without a Will?

The cost of probating an estate without a will varies based on complexity. Common expenses include:

Court filing fees: $200–$400
Attorney fees: Hourly rates ($200–$600) or a percentage of the estate
Accounting fees: Depends on tax filing complexity
Property appraisals: $500–$5,000 if required
Bond (if required): Varies based on estate value

How Long Does Probate Take Without a Will?

Probate without a will can take 8–12 months but may take longer due to:

Finding a suitable administrator.
Incorrectly filed documents causing delays.
Court system backlogs.
Complex estates requiring ancillary probate in multiple jurisdictions.

Need Help Navigating Probate Without a Will?

Settling an estate without a will can be overwhelming. Seeking legal guidance can help ensure a smooth process and prevent costly mistakes.

Schedule a Free Consultation Today!

Get expert probate assistance and ensure your loved one’s estate is handled efficiently. Book a free consultation now!

Estate Without a Will

Frequently Asked Questions About Probate Without a Will in Texas

Need Help Navigating Probate Without a Will?

Schedule a Free Consultation Today!

Copyright © 2025, All Rights Reserved Probate Guide