Intestate 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.
Yes. Although the Texas Estates Code makes the appointment discretionary, the Dallas County Probate Courts require that an attorney ad litem be appointed in every heirship determination case.
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.
Dying without a valid will ; Texas law then uses a strict hierarchy to decide who inherits.
Yes. The court opens a case to determine heirs, appoint an administrator, settle debts, and distribute assets under Texas intestacy rules.
The probate court appoints an administrator to inventory assets, notify creditors, and carry out distributions.
If the estate (excluding the homestead) is under $75,000 , heirs may use a Small Estate Affidavit filed in the county probate court—allowing transfer of assets without formal probate once approved.
If the estate exceeds $75,000 or includes real estate , a regular probate is required.
File an application → court appoints an administrator → identify & inventory assets → notify creditors and pay debts → distribute what remains to heirs per statute.
The spouse inherits the entire estate.
Spouse: all community property , 1/3 of personal property , and a life estate in real estate ; children inherit the remainder.
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.
Spouse generally gets 1/2 of community property , 1/3 of personal property , and a life estate in real estate ; the children take the rest.
Children inherit the entire estate , in equal shares.
The next levels are parents , then siblings ; if none, the court keeps moving outward to nieces/nephews, grandparents, aunts/uncles .
No. Friends, unmarried partners, and charities do not inherit without a valid will or beneficiary designation.
The estate may escheat to the State of Texas (the state takes ownership).
A will lets you choose beneficiaries, can reduce delay/cost , and avoids the rigid results of intestacy (which may conflict with your wishes).
File it with the probate court in the county where the decedent lived .
Confirm county & eligibility (SEA vs. formal probate) → apply and get an administrator appointed → inventory assets and values → notice/pay creditors → distribute to heirs per the Texas scheme → close the estate.
Executors must verify foreign heirs’ identities and arrange for certified translations or apostilles for legal documents. Extra steps may be needed to transfer funds internationally.
A valid will can expressly disinherit a sibling. Without a will, state intestacy law controls—siblings may inherit in some scenarios, but spouses, children, or parents can take priority.