If you die without a will in Texas, your estate gets divided according to the state’s intestacy laws. With 54% of Americans lacking a valid will, according to Gallup News, many Texas families end up with the state deciding where someone’s assets go.
At Duffley Law, we help our clients sidestep that stress with flat-fee estate planning designed to keep families out of court. And for those families who need help maneuvering probate after someone has passed away, our attorneys help them as well.
How Texas Handles Estates Without a Will
Intestacy simply means dying without a valid will. In Texas, this triggers the state’s intestate succession laws under the Texas Estates Code. Often, your assets go through the intestate probate process, where the court follows legal rules, not someone’s personal wishes, to decide who gets what.
Who Inherits When There’s No Will in Texas?
Generally speaking, when there is no will or trust plan in place, Texas divides a deceased person’s estate based on family relationships and whether the assets are considered community or separate property.
Spouse
If you’re married, your surviving spouse might not inherit everything. It typically depends on what kind of property you owned and whether you had children from a previous relationship. Community property usually goes to the spouse, though sometimes that is split up between the surviving spouse and children or other family. Separate property might similarly be split with kids, parents, or siblings.
Children
If you had children, especially from a prior relationship, they could inherit a portion of your separate property, even if you were married at the time of passing. This often surprises blended families.
Parents, Siblings, Others
If there’s no spouse or children, the estate often passes to your parents, then siblings, then more distant relatives. If no legal heirs are found, the state can claim your property.
With intestate succession, there are many different scenarios that can play out. The Texas Estates Code explains in further detail who gets what depending on someone’s family situation.
What Is the Probate Process Like Without a Will?
When someone dies intestate in Texas, their estate often must go through probate court to distribute assets under state rules. The court appoints an administrator, and that administrator oversees the process.
How the Court Appoints an Administrator
If you die without will, a judge appoints an administrator. This is usually a close relative like a spouse or adult child. The estates code explains who can and cannot serve as an administrator. If the estate’s heirs are contentious or one can’t be found, the court may end up needing to appoint a professional administrator.
Attorney Ad Litem Investigation
In an intestate heirship case, the probate court will typically require the appointment of an attorney ad litem. This is a court appointed attorney whose job it is to represent any unknown or other heirs who may be unable to represent themselves.
The attorney ad litem will attempt to verify the deceased person’s family history to confirm whether there are any other heirs who may have a claim to the estate.
The heirship process with the probate court typically cannot continue until the attorney ad litem’s investigation is complete.
What If Heirs Disagree?
Disputes among heirs slow the probate process and increase costs. The court may hold additional hearings, require bond postings, or bring in mediators. Things may even escalate to a full trial, which often requires extensive discovery and even more legal costs.
Without a clear estate plan in place, emotional and financial stress often intensify.
Timeline and Costs of Texas Probate
Intestate probate often takes 6–12 months in Texas, but the timeline can vary widely. That could mean thousands of dollars in expenses before heirs receive anything, sometimes more depending on disputes or estate complexity.
Sometimes, alternative options to a full heirship or administration proceeding can be available, such as small estate affidavits or affidavits of heirship.
When You Might Avoid Probate (Affidavit of Heirship or Small Estate)
For some estates, heirs can often use a Small Estate Affidavit or an Affidavit of Heirship to transfer assets without the need for a formal probate administration. Requirements for a small estate affidavit generally include:
- Estate valuation under $75,000 (excluding homestead going to a surviving spouse and/or minor children only), life insurance, accounts with beneficiary or “payable on death” designations)
- No real estate can be included other than a homestead (which must go to a surviving spouse and/or minor children only).
- The estate is solvent (meaning there are more assets than debts)
- There is not a need for administration and there are no contests
This path typically resolves in just a few weeks, far quicker and less costly than standard probate.
3 Ways You Can Protect Your Family From Probate
When you plan properly, you avoid probate and make sure your wishes and your loved ones are protected.
1. Wills
A will makes sure your wishes are clearly stated, directing how your assets should be distributed and who will care for minor children. While a will still goes through probate, it simplifies the process and provides guidance for the court and your loved ones.
2. Trusts
A trust provides a major layer of security for many families. A trust holds the assets directly, allowing them to transfer to beneficiaries without probate delays. These powerful tools can help Texas families preserve privacy, reduce stress, and protect their legacy.
3. Beneficiary Designations and Deeds
Certain assets, like retirement accounts or life insurance, pass directly to named beneficiaries on the account and don’t need to go through probate when beneficiaries are designated properly.
Texas also allows transfer on death deeds for real estate, which can make for a smooth transfer of a property without the need for probate court.
Flat‑Fee Planning That Skips Court Battles
At Duffley Law, we offer flat-fee estate planning designed to make probate-proof strategies accessible and clear:
- Customized documents built around your goals.
- Preparation of documents like living trusts, beneficiary deeds, and powers of attorney, among other key documents.
- Kind, responsive service with same-day callbacks and clear explanations.
Ready to Avoid the Chaos of Intestacy?
No family should have to wonder what happens next while dealing with loss. Without a clear plan, state rules take over to determine who gets what, and that often means additional delays, costs, and confusion.
Duffley Law helps Texas families avoid that outcome with estate plans built to skip probate entirely. If you’re just starting your plan or need urgent help with an existing one, our team will work to provide clarity.
Let’s protect what matters most. Book your free consultation here.