No Will FAQs

When someone dies without a will (intestate), their property is distributed under intestacy and exempt property statutes. These laws specify which heirs inherit. Because intestacy rules can be complex, it is recommended to seek legal advice to determine who is entitled to receive the property.

Estate administration occurs when a will is invalid or absent. It is similar to probate but guided by state law rather than the decedent’s wishes. Administration can be just as time-consuming or even more costly than probate, and it often carries a higher risk of disputes. Probate typically proves a will, while administration applies to estates without one.

If someone dies without a will, their assets are distributed under state intestate succession laws. Typically, a spouse and children inherit first. If none exist, parents, siblings, or other relatives may inherit. If no heirs are found, the state may ultimately assume ownership of the property.

It’s the court process to settle an estate when the person died intestate (no valid will). The case follows Texas intestacy laws for who inherits.

Often yes, but there are streamlined options that may bypass or simplify probate: Small Estate Affidavit (≤ $75,000 excluding the homestead), Affidavit of Heirship when heirs agree, and transfers of non-probate assets (beneficiary-named accounts, joint accounts, TOD deeds).

The court appoints an administrator . They apply for Letters of Administration and then manage the estate under court supervision or independently, depending on the case.

File an Application for Administration in the county where the decedent lived, listing heirs, confirming no will exists, and giving a basic asset description; pay the filing fee.

Expect roughly $200–$400 (varies by county) for the initial filing.

It may. The administrator can be required to post a bond sized to the estate to protect beneficiaries.

• Independent administration (fewer hearings if heirs agree).

Dependent administration (court approval for most actions—common if there are disputes or creditor issues).

The executor named in the will usually handles probate. If no will exists or no executor is named, the court appoints an administrator, often the closest capable relative or main heir. In informal cases, families may choose a representative to pay debts, file taxes, and distribute property.

If you die without a will, your estate is distributed under state intestacy laws, which may not match your wishes. A will lets you control who inherits and allows you to appoint guardians for minor children. Without it, the court decides these matters.

Publish a Notice to Creditors and notify known heirs and creditors that the estate is open so they can file claims.

Within 90 days after Letters issue, file an Inventory, Appraisement, and List of Claims (real estate, bank/broker accounts, investments, vehicles, valuables, etc.).

The administrator pays valid creditor claims , then files the decedent’s final income tax return and pays any taxes owed before distributions.

After debts and taxes are resolved, the administrator distributes remaining assets according to the Texas intestacy rules .

Submit a final accounting and request court approval to close.

Confirm there truly is no will by checking with the person’s attorney/CPA, safe-deposit box, and personal records; order multiple death certificates for transfers.

Life insurance with beneficiaries, retirement accounts with beneficiaries, joint bank accounts with survivorship, and Transfer-on-Death deeds typically pass outside probate.

Use an Affidavit of Heirship when heirs agree and you need to transfer real property without formal administration (requires two disinterested witnesses). Use a Small Estate Affidavit when the estate’s qualifying assets are under $75,000 and it meets statutory criteria.