Managing the Texas Probate Process When No Valid Will Exists

The death of a family member or close friend can be devastating. Along with the emotional pain, you could face a complicated legal challenge if the person who passed away did not leave a valid will. Should you step up in order to administer the decedent’s estate, it’s important to have a thorough understanding regarding Texas intestacy laws and your duties as personal representative. 

When you wish to act as administrator for the estate of someone who died intestate, you should notify the Probate Court in the county where the decedent lived. When possible, courts usually appoint a close family member who has demonstrated the willingness and ability to handle the probate process. Given the absence of a will, property owned by the deceased is not distributed based on what their preferences might have been, but Texas intestate succession laws. 

Intestate succession is a priority system in which heirs are determined by their familial relationship to the decedent. Each family member in a particular category is treated equally. It does not matter that the person who died was very close to one sibling, but estranged from the other. They both receive the same value. The order of priority generally follows this structure:

• Surviving spouse — Community property acquired during the course of the marriage is typically owned equally by both spouses. If the decedent had no children or grandchildren from other relationships, the surviving spouse takes full ownership of community property. When the decedent did have children or grandchildren unrelated to the surviving spouse, those descendants inherit the deceased individual’s share of their community property and two-thirds of their separate personal property. 

• Children and grandchildren — If there is no surviving spouse, the estate passes completely to the decedent’s children in equal shares. In situations where a son or daughter passed away prior to the decedent, their children, if any, receive their inheritance.

• Parents and siblings — Next in the succession priority for unmarried people who die without living descendants are parents and siblings. For example, if one parent and multiple siblings survive the decedent, half of the estate goes to the parent while the other half is divided among the siblings. 

Most situations do not require it, but extended family members such as grandparents, aunts, uncles, cousins might be entitled to inherit assets if closer relatives are not alive. 

Intestate succession provides a legal roadmap, but it is not a substitute for a well-drafted estate plan. If you’ve lost a loved one who had no will—or want to prevent your loved ones from having to deal with intestacy—speaking with an experienced Texas attorney can make all the difference.

Grob & Associates Law Firm PC advises Texans on a wide range of probate and estate planning issues. Please call 972-777-5701 or contact us online for a consultation. Our offices are in Rockwall and Wylie.