Probate Without a Will

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The following video provides general legal information about Texas laws. The information discussed should not be considered legal advice. If you are in need of legal advice, please consult with a licensed attorney in your state of residence.

Do I need a will? What exactly is the probate process? Join us for part two of our probate series as Estate Planning attorney, Roxie Parker, discusses the probate process when the deceased does not leave a will.

What happens when a loved one dies without a will?

This is known as being intestate. Probate is a legal procedure through which a deceased person's debts are paid and distributions are made. But when there is no will, how do you know who gets what?

In Texas, if you die without a will, Texas intestacy laws will determine who inherits your property. The most common legal procedure to do this is called a determination of heirship. This procedure is often time-consuming, complicated, and far more costly than simply probating a will. It also often requires court supervision. Additionally, if you are married and have stepchildren, Texas intestacy laws do not favor you if you are a surviving spouse.

Do I need a will?

When it comes to your estate, a will is your best tool for control and peace of mind for your family. Check out our post “What is a Will” to learn more about the importance of having a will.