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Frequently asked questions intestate estate

When a person dies without a will (intestate), their estate must go through Texas probate courts to determine how assets are distributed. Below are answers to common questions about handling an intestate estate in Texas.

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

The fate of a bank account depends on whether it has a designated beneficiary:

  • If a beneficiary is listed: (Payable-on-Death or Transfer-on-Death): The account bypasses probate and is directly transferred to the named beneficiary after providing a death certificate and identification.
  • If no beneficiary is listed: The bank freezes the account upon notification of death. The estate’s court-appointed administrator must present Letters of Administration to gain access and distribute funds according to Texas intestacy

How Much Does Probate Cost Without a Will?

The cost of probate without a will in Texas varies based on estate complexity. Some common expenses include:

  • Court filing fees: $200–$400
  • Attorney fees: Hourly rates ($200–$600) or a percentage of the estate .
  • Accounting fees: If tax filings or financial reports are required.
  • Property appraisals: If real estate or valuables need valuation.
  • Heir search costs: If missing heirs must be located .
  • Property appraisals: If real estate or valuables need valuation.
  • Realtor & estate sale fees: If property needs to be sold.

Since intestate probate requires additional legal steps, including identifying heirs and proving administrator validity, the overall cost may be higher than probate with a will.

How Long Does Probate Take Without a Will in Texas?

The timeline for intestate probate in Texas depends on estate complexity and court processing times:

  • Average probate duration : 8–12 months.
  • Delays may occur due to : Difficulty finding a suitable administrator
  • Incorrectly filed documents : requiring court corrections
  • Court backlogs : delaying hearings
  • Ancillary probate : if the deceased owned property in multiple states

There is no fixed timeline for intestate probate since each case depends on its unique challenges.

Need Help Navigating Probate Without a Will?

Intestate probate can be complex, time-consuming, and expensive. Our experienced probate professionals can guide you through the process efficiently.

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Disclaimer
This website is a general information resource curated from publicly available online sources. It is designed to help individuals understand the probate process in Texas and prepare for discussions with a licensed Texas attorney.
The content provided here does not constitute legal advice and should not be relied upon as a substitute for professional legal counsel. Probate laws are complex and vary based on individual circumstances. If you need legal advice or assistance with a probate matter, we strongly recommend consulting a qualified Texas probate attorney.

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