Navigating probate in Texas without a will: practical steps, pitfalls, and proactive tips

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Hi, I’m Colin, your Texas probate and estate planning attorney. 

Probating an estate in Texas without a will can be a daunting and complex process. I will be the first to tell you it can be overwhelming and plagued with challenges. However, with proper information and reliable steps, you can avoid many of the pitfalls many of my clients have experienced. 

In this blog, I’ll guide you through practical steps to prepare for probate court, highlight potential landmines to watch out for, and offer helpful tips to ensure a smoother process.

Let’s get started! 

Understanding probate in Texas without a will

When a person dies without a will, they are said to have died “intestate.” 

In Texas, intestate estates are governed by the state’s intestacy laws, which dictate how the deceased’s assets are distributed. 

This can often lead to frustration among loved ones, as the state may distribute the decedent’s assets in ways that do not align with their wishes. (This is why it is highly recommended you take the time to create will. It ultimately ensures your property assets and other specifics are distributed according to your desires). 

In the absence of a will, understanding state intestate laws becomes crucial to anticipate how assets will be handled.

Intestate succession in Texas

Texas intestate succession laws prioritize the deceased’s closest relatives. 

Typically, the estate is divided among the surviving spouse, children, and other close family members. If no close relatives are found, the assets may eventually return to the state. 

Knowing who stands to inherit under these laws can help set realistic expectations for the probate process.

Steps to prepare for probate court

Proper preparation can make a significant difference when navigating probate without a will. Here are some key steps to take:

  1. Gather essential documents

Start by collecting all relevant documents, including:

  • Death certificate
  • Financial statements
  • Property deeds
  • Tax returns
  • Insurance policies

Having these documents ready will facilitate a smoother probate process and help the court accurately assess the estate’s value.

  1. Identify and locate heirs

Determine who the legal heirs are according to Texas intestacy laws. This typically includes the surviving spouse, children, parents, and siblings.  

During an intestate probate case, one of the steps is the appointment of an attorney ad litem. Their responsibility is to locate all heirs associated with the estate. 

I suggest gathering the names and phone numbers of at least two disinterested parties—individuals who have nothing to gain from the estate. 

These individuals should be able to attest to the number of heirs the decedent had. Ideally, these two people should have personal knowledge of the decedent’s life, having known them for at least five years or more

  1. Inventory the estate

Create a comprehensive inventory of the deceased’s assets and liabilities. This should include:

  • Real estate properties
  • Bank accounts
  • Investments
  • Personal belongings
  • Debts and liabilities

An accurate inventory will help the court and the executor distribute assets correctly.

  1. File the application for probate

To initiate the probate process, your attorney will draft and file an application for probate with the appropriate Texas probate court. 

The application will include details about the deceased, the heirs, and the estate’s estimated value. Once filed, the court will schedule a hearing to appoint an administrator.

Remember to be aware: not all “licensed” attorneys are probate and estate planning attorneys. Do your research and find a seasoned attorney to help guide you through the process. 

  1. Appoint an administrator

Once your attorney has filed your application and it has been accepted by the corresponding probate court, an administrator will be appointed by the court to manage the estate in an intestate probate case. 

An administrator performs tasks similar to that of an executor in that they are responsible for collecting assets, paying debts, and distributing the remaining assets according to intestate laws. 

The administrator is typically a close family member or a trusted individual familiar with the estate. 

For further insights into the role and duties of an administrator, you can explore this article by Investopedia

Common pitfalls and challenges

Probating an estate without a will can be fraught with challenges. Here are some common pitfalls to watch out for:

  1. Disputes among heirs

Without clear instructions from a will, disputes among heirs are common.

Relatives may disagree on asset distribution or question the administrator’s decisions. 

Resolving these conflicts may require either mediation or legal intervention, both of which can incur significant costs

  1. Unidentified or missing assets

Locating all of the deceased’s assets can be challenging, especially if they had multiple bank accounts, investments, or properties. 

Missing assets can complicate the probate process and delay asset distribution.

  1. Estate debts and liabilities

Outstanding debts and liabilities must be settled before distributing assets. 

Failure to address these can lead to legal issues and prolong the probate process. 

The administrator must ensure all debts are paid, including taxes, mortgages, and other obligations.

  1. Lengthy probate process

Probating without a will often takes longer than probating with a will. 

The court’s role in appointing an administrator and addressing disputes often leads to significant delays. 

Additionally, conflicts with the administrator and court scheduling issues can further prolong the process. 

While some aspects of the intestate process are unavoidable, being prepared and proactive can help expedite proceedings as much as possible

Practical Tips for a Smoother Probate Process

To navigate probate in Texas without a will more efficiently, consider these practical tips:

  1. Seek legal assistance

Hiring an experienced probate attorney can provide invaluable guidance. They can help you understand the legal requirements, represent you in court, and resolve disputes among heirs.

  1. Communicate with heirs

Maintain open communication with all heirs throughout the probate process. Keeping everyone informed can help prevent misunderstandings and reduce conflicts.

  1. Stay organized

Keep detailed records of all estate-related activities, including asset inventories, financial transactions, and correspondence with heirs and creditors. This documentation will be crucial if any disputes arise.

  1. Be patient

The probate process can be lengthy, especially without a will. Patience and persistence are key to navigating the complexities and ensuring a fair distribution of assets.

Closing thoughts

Probating an estate in Texas without a will presents unique challenges, but with careful preparation and the right guidance, it is manageable. 

By understanding the intestacy laws, gathering essential documents, and seeking legal assistance, you can navigate the probate process more smoothly. 

If you need help with probate in Texas without a will, feel free to reach out to my office for expert advice and support.

For more information and personalized assistance, visit Colin Smith Law.

Until next time!



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