At Duffley Law, we help families in The Woodlands and throughout Montgomery County handle probate with clarity and confidence. From the first conversation, our focus is on helping you understand your options and protecting your family’s legacy with care.
Clients often describe our approach as patient and reassuring. As one recent client shared, “I spoke with Jack Duffley personally. He is very kind and informative during a sensitive time for our family. He even gave us resources we could further pursue if we choose. I think he is compassionate and fair. I would definitely recommend him and I will use him with any future needs.”
If your loved one’s estate includes a home near The Woodlands Waterway or property in Conroe, our team provides the legal guidance and local insight you need to move forward with peace of mind.
Understanding Intestate Probate in The Woodlands
When someone passes away without leaving a will, their estate enters what Texas law calls intestate probate.
This process is how the court identifies legal heirs and decides how property should be distributed. In Montgomery County, these cases are handled at the Montgomery County Probate Court in Conroe, which serves residents of The Woodlands and surrounding communities.
Without a valid will, Texas law determines who inherits, typically a spouse, children, or close relatives, typically covered under the Texas Estates Code §201–205.
This often is done via an application to determine heirship that gets presented to the court along with other supporting filings and testimony.
The court may appoint an administrator to gather assets, pay debts, and distribute what remains to the rightful heirs. Having an attorney to guide you through this process helps confirm accuracy, fairness, and compliance with every court requirement.
In The Woodlands, families often face additional considerations such as real-estate transfers for homes in neighborhoods like Alden Bridge, Grogan’s Mill, or Indian Springs.
Titles must be cleared and recorded correctly so that property ownership passes smoothly. A local attorney familiar with Montgomery County Clerk procedures can save families time and prevent costly errors.
Understanding intestate probate matters because it determines your family’s rights and confirms legal ownership of everything a loved one worked for, from the house to the smallest personal accounts. Understanding the process early brings peace of mind and prevents delays during an already emotional time.
Our Intestate Probate Services
- Application to Determine Heirship
- Small Estate Affidavit
- Filing for letters of administration
- Preparing and filing affidavits of heirship
- Court representation in Harris County Probate Court and the surrounding counties
- Filing required documentation with the court
- Publishing notices required for administrators
- Small estate affidavit preparation, filing, and guidance
- Court-free asset transfers where possible
Trusted Legal Guidance For All Things Probate
For more information or assistance with probate, please call us now at (832) 981-4373. We provide our clients with personalized guidance to help make the process as simple as possible.
Why Families Choose Duffley Law
Families across The Woodlands and Montgomery County turn to Duffley Law because they want more than legal paperwork; they want peace of mind. Our clients know they can trust us to be responsive, thorough, and compassionate from the very first call.
Clear Communication
Our team listens, explains each step, and answers every question. Calls and emails are returned as quickly as possible, often the same day.
Compassionate Guidance
We understand that probate begins during an emotional time. Our team takes care to provide steady support and practical solutions so you never feel rushed or uncertain.
Local Experience
We regularly work with the Montgomery County Probate Court and County Clerk’s Office in Conroe. Our familiarity with local procedures helps families move through the process efficiently and without added stress.
Thorough, Personal Service
Every estate is unique. We take the time to understand your family’s goals and make sure that each document and filing reflects those needs accurately.
Trust Earned Through Results
Clients describe us as kind, professional, and dependable. One family shared, “Jack Duffley was very kind and informative during a sensitive time for our family… I would definitely recommend him and will use him with any future needs.”
How The Woodlands Handle Estates Without a Will
In The Woodlands, when someone passes without a will, their estate follows the intestate process outlined in the Texas Estates Code. The court determines who inherits and appoints someone, called an administrator, to manage the estate.
Here’s what typically happens:
- Filing the Application. The process begins with an Application to Determine Heirship at the Montgomery County Probate Court in Conroe.
- Notice to Heirs and Creditors. The court requires that heirs and known creditors be formally notified before any assets can be distributed.
- Court Hearing. A hearing confirms the identity of heirs and officially appoints an administrator to oversee the estate.
- Inventory and Accounting. The administrator usually needs to list all assets of the estate, including real estate, bank accounts, and personal property.
- Distribution to Heirs. Once approved, and after valid claims against the estate are settled, the estate is divided according to Texas law.
Get to Know Duffley Law
Duffley Law is a Houston-based estate planning and probate firm serving families across The Woodlands and Montgomery County.
We help Texans protect their families, preserve their homes, and handle probate with confidence. Every plan or filing is drafted with attention to detail. Clients describe our team as responsive, kind, and easy to reach, with attorneys who explain every step and care about reaching a successful outcome.
From wills and living trusts to probate administration, Duffley Law continues to serve Texas families with clarity, compassion, and steady guidance through life’s most important transitions.
Who Gets the House When Someone Dies Without a Will in The Woodlands
When a person passes away without a will in The Woodlands, their estate goes through a legal process called intestate probate. In Texas, this process determines who inherits the deceased person’s assets, including the person’s home, based on family relationships rather than that person’s wishes.
Because Texas is a community property state, how the home is distributed depends on whether it was community property or separate property.
Generally speaking, community property is anything acquired during the marriage, while separate property refers to assets owned before the marriage or received individually through inheritance or gift.
If the home was community property, the surviving spouse usually inherits the deceased spouse’s share if the couple had no children outside the marriage. However, if the deceased had children from another relationship, the spouse often only keeps half of the home, and the decedent’s half passes to the children.
If the home was separate property, the surviving spouse typically inherits a life estate, meaning they can live in the home for the rest of their life, while the children or other descendants inherit the remainder interest, which gives them full ownership once the spouse passes away.
If there are no surviving family members or heirs, the home and other remaining assets may eventually escheat to the State of Texas, meaning ownership transfers to the state. This situation is uncommon but can occur when no relatives are known.
Of course, every situation is different and laws are always subject to change, so be sure to check with an attorney who can review the Texas inheritance rules to help determine who inherits what.
Local Probate Resources in The Woodlands
Families we serve often work with the following local offices and community institutions during the probate process:
- Montgomery County Probate Court No. 1 – 210 West Davis Street, Suite 300, Conroe, TX 77301
- Montgomery County Clerk’s Office – 210 West Davis Street, Conroe, TX 77301
- Montgomery County Tax Office, The Woodlands Branch – 1520 Lake Front Circle, The Woodlands, TX 77380
- Memorial Hermann The Woodlands Medical Center – 9250 Pinecroft Drive, The Woodlands, TX 77380
- Interfaith of The Woodlands – 4242 Interfaith Way, The Woodlands, TX 77381
- Cynthia Woods Mitchell Pavilion – 2005 Lake Robbins Drive, The Woodlands, TX 77380 (community landmark)
- The Woodlands Township – 2801 Technology Forest Boulevard, The Woodlands, TX 77381
Talk to a Probate Attorney in The Woodlands Today
If you’ve lost a loved one and need guidance on what to do next, you don’t have to face it alone. Duffley Law is here to help you make sense of the probate process and move forward with confidence.
Call Duffley Law today or request your free consultation online to begin your next step with support you can trust.