At Duffley Law, our probate lawyers help San Antonio and Bexar County families settle estates after a loved one has passed without a valid will. When someone dies without a will, Texas calls it dying “intestate,” which means the Texas Estates Code determines who inherits based on someone’s family history.
Probate without a will often requires a Bexar County heirship proceeding, appointment of an administrator, issuance of Letters of Administration, creditor notices, court approval, and an estate inventory before assets can be transferred.
Not every asset must go through probate. Life insurance, retirement accounts with named beneficiaries, payable-on-death accounts, and certain jointly owned property may transfer outside the court process. In some smaller estates, a Small Estate Affidavit may be available if the estate meets Texas requirements.
Duffley Law provides clear guidance, responsive communication, and practical support through each stage of intestate probate. We help families understand what the Bexar County Probate Court needs, who may qualify to serve as administrator, how heirs are identified, and which probate option fits the estate.
Our Intestate Probate Services in San Antonio
- Heirship proceedings
- Letters of Administration
- Estate administration
- Probate asset review
- Administrator guidance
- Creditor notice support
- Estate inventory help
- Probate bond guidance
- Court hearing preparation
Trusted Legal Guidance For All Things Probate
For more information or assistance with probate, please call us now at (832) 843-1511. We provide our clients with personalized guidance to help make the process as simple as possible.
Why Choose Duffley Law for Intestate Probate
Clear Explanations
Heirship and administration involve confusing legal terms and concepts. We translate every step into language you can act on.
Efficient Case Movement
We prepare filings carefully the first time to reduce court rejections and keep the process moving along.
Compassion After Loss
Probate often follows a death in the family. We pace conversations with patience and respect given what you may be going through.
How Texas Determines Heirs When There Is No Will
When someone dies without a will in Texas, the probate court applies the state’s intestate succession laws to decide who inherits. The court looks closely at family history to identify every legal heir before any property is distributed.
The judge typically reviews:
- Marital status at the time of death, including any prior marriages or divorces
- Children, both biological and legally adopted, and any children who may have passed away previously
- Grandchildren and other direct descendants who may inherit through a deceased parent
- Surviving parents, siblings, nieces, nephews, and more distant relatives if no closer heirs exist
- Whether property is classified as community or separate, which changes how shares are divided
To help determine if there are any other heirs , or to represent the interests of any heirs who might be unable to represent themselves, the court may generally appoint an attorney ad litem. This attorney’s job is to investigate the family tree, confirm potential heirs, and help protect the interests of anyone who cannot speak for themselves.
Understanding Letters of Administration and the Estate Administrator’s Role
Once the court issues Letters of Administration, the appointed administrator has legal authority to act on behalf of the estate. This document is often what banks, title companies, and other institutions require before releasing funds, transferring property, or honoring requests tied to the deceased’s assets.
The administrator’s core duties typically include:
- Locating and gathering estate assets, including bank accounts, real estate, and personal property.
- Managing and protecting estate property until distribution is complete.
- Giving proper notice to creditors under Texas Estates Code rules.
- Filing a sworn inventory, appraisement, and list of claims with the probate court.
- Following all court orders and reporting requirements throughout administration.
Working with counsel who handles these filings regularly keeps the case moving and protects the administrator from personal liability.
Probate Assets, Non-Probate Assets, and Court Requirements
Generally speaking, ”probate assets” are things owned in the decedent’s name alone with no beneficiary attached. Common examples include:
- Real estate titled solely in the decedent’s name
- Vehicles and other titled property
- Bank or brokerage accounts with no payable-on-death or transfer-on-death designation
- Personal property and business interests held individually
Non-probate assets typically pass directly to a named recipient and skip the court process entirely, which often includes:
- Life insurance and retirement accounts with a living beneficiary
- Bank accounts with payable-on-death instructions
- Investment accounts with transfer-on-death designations
- Property held in joint tenancy with a valid right of survivorship
- Assets already placed in an effectively drafted living trust
Texas probate courts may also require the administrator to post a bond before issuing Letters of Administration. The amount and whether a bond is required at all depend on the specific case and the size and complexity of the estate.
About Duffley Law
Duffley Law helps Texas families handle probate when there is no will. We work with surviving spouses, adult children, siblings, homeowners, and named heirs who suddenly find themselves responsible for a loved one’s estate. Our focus is making a confusing court process feel manageable during an already difficult time.
With a 4.9 star rating across over 150 reviews, our clients consistently point to clear communication, steady follow-through, and a respectful approach as the reasons they trusted us with helping to settle their family’s estate. If the estate involves a single home in Bexar County or property spread across Texas, or other assets, we are ready to help you move forward.
When a Texas Estate Needs Heirship and Administration
When someone dies in Texas without a will, the family may need court approval before moving money, selling property, or transferring titled assets. This is common when the estate includes:
- A home, land, or mineral interest titled only in the deceased person’s name
- Bank or brokerage accounts with no beneficiary or payable-on-death designation
- Disputes over who should inherit or manage the estate
- Unknown, estranged, or out-of-state heirs
- Assets that must be sold, refinanced, or transferred but lack clear title
In these situations, the court may need to determine the legal heirs and appoint an administrator with authority to act. Because no-will estates often require detailed family history and exact ownership shares, many San Antonio families need a formal heirship and administration process rather than a simple affidavit.
Our Process for San Antonio Clients
1. Review family and asset information
We start by gathering details about the decedent, surviving relatives, and the estate’s holdings.
2. Identify probate process to use
We determine which type of probate process to use, assuming one is necessary.
3. Prepare heirship and administration filings
If an heirship case if necessary, we draft the application for the determination of heirship and to open administration in the proper Texas county court.
4. Coordinate court hearing needs
We handle scheduling, witness preparation, and requesting the appointment of an attorney ad litem when required.
5. Help with oath, bond, and Letters of Administration
We guide the administrator through signing the oath, securing any required bond, and obtaining letters of administration from the clerk.
6. Support inventory, creditor notices, and next steps
We assist with preparing the estate inventory, required creditor notifications, and closing out the case.
Frequently Asked Questions About Probate Without a Will
If my parent died in Texas without a will and only owned a house and a bank account, do we really have to go through probate?
In many cases, yes. Texas does not automatically transfer real estate to heirs just because someone passed away. Without a will, an heirship determination and administrator appointment may be required to transfer real estate and a bank account lacking a valid beneficiary.
How long does intestate probate take in Harris County or Bexar County when there is no will?
A straightforward heirship and independent administration may still take over 6 months from filing to appointment of the administrator. The timeline depends on how quickly the court sets hearings, how quickly the attorney ad litem completes his or her investigation, whether all heirs can be located, and whether anyone contests the proceeding.
What happens if siblings disagree about who should be the administrator of the estate?
Texas Estates Code section 304.001 sets a priority order for who can serve, starting with the surviving spouse, then principal heirs. If heirs cannot agree, the judge may select someone to manage the estate. Sometimes the court appoints a neutral third party or a professional fiduciary.
Do I need to hire an attorney for Texas probate, or can I file the paperwork myself?
Texas often requires an attorney to represent the estate because the administrator represents the interests of other heirs and creditors. Bexar and Harris County probate courts will reject pro se filings for heirship and administration.
My dad passed away with more debt than assets. Do the kids have to pay his credit cards?
No. In Texas, children are not personally responsible for a parent’s unsecured debts. Creditors can generally only collect from estate assets, and once those are gone, the remaining debt is discharged. The administrator follows a statutory priority list, paying funeral expenses, secured debts, and taxes before unsecured creditors.
What is the difference between a Small Estate Affidavit and a full administration in Texas?
A Small Estate Affidavit works only when the total estate value (excluding the homestead and exempt property) is $75,000 or less, there is no will, and there is no pending administration. No administrator is appointed with a small estate affidavit. It is faster and cheaper, but it cannot transfer non-homestead real estate or handle complex issues.
Can a common-law spouse inherit in Texas if there is no will?
Yes, if the marriage meets Texas requirements. Generally speaking, the couple must have agreed to be married, lived together as spouses in Texas, and represented themselves to others as married, among other potential factors. Once proven, an informal spouse inherits exactly like a ceremonially married spouse under intestate succession rules.
What if we cannot locate one of the heirs, like an estranged sibling or a half-sibling no one has met?
The court appoints an attorney ad litem specifically to investigate and represent unknown or missing heirs. The attorney ad litem reviews family records, runs searches, and reports findings to the judge before any heirship judgment is signed. Additional public notices may need to be sent if the other heir cannot be physically located.
What Clients Say About Duffley Law
“They took the time to explain everything clearly and answered all of our questions with patience.”
Probate language can be confusing, and clients appreciate clear answers without pressure.
“Very professional and knowledgeable after losing my father.”
Compassion matters when a family is grieving and trying to settle an estate at the same time.
Local Resources in San Antonio
- Bexar County Probate Courts
- Bexar County Clerk Probate Department
- Bexar County Clerk Official Public Records Search
- Bexar County Clerk Real Property and Land Records Division
- Bexar County Civil District Clerk
- Bexar County Tax Assessor-Collector
- Bexar County Law Library
- San Antonio Legal Services Association
- St. Mary’s University School of Law Pro Bono Program
- San Antonio Bar Association Lawyer Referral Service
- San Antonio Public Library
- Goodwill San Antonio Veterans Services
- Bexar County Department of Military and Veterans Services
- Alamo Area Agency on Aging
- Meals on Wheels San Antonio
- Adult Protective Services, San Antonio Region
- San Antonio Housing Authority / Opportunity Home San Antonio
- Methodist Hospital
- Baptist Medical Center
- University Health Main Campus
Talk With a San Antonio Probate Without a Will Lawyer
Duffley Law helps San Antonio families sort through heirship, administration, and asset transfers so a loved one’s estate moves forward without guesswork.
If you are unsure whether probate is required, who qualifies as an heir, or how to handle a home, bank account, or vehicle left behind, we can help determine the next steps. Every situation is different, and a short conversation often clears up weeks of confusion.
Please do not hesitate to contact us for a consultation and a member of our team will follow up to review your case and potential options.