Adults in Texas have the right to draft wills. They can control who inherits their property if they prioritize estate planning before their health declines. Unfortunately, a large percentage of adults have no will or any other estate planning documents on record. When they die, their loved ones have no guidance for the distribution of their property. Estates without wills and other documents are intestate estates.
Texas state statutes address this exact situation to help Houston families manage the probate process effectively. What steps must families take when someone in Texas dies without a will?
Initiate probate proceedings
After searching for a will without success, families can initiate intestate succession probate proceedings. They submit paperwork to the courts notifying them of an individual’s passing and attesting that there is no will to guide the probate process. The courts can appoint a personal representative to oversee estate administration.
Settle financial obligations
During the probate process, personal representatives must create an inventory of the estate’s assets. They must communicate with creditors and publish notice about estate administration to allow unknown creditors the chance to file a claim.
They typically file a final income tax return on behalf of the person who died. It is generally necessary to ensure that the estate has fulfilled all of its financial obligations before distributing assets to the heirs with the right of inheritance under intestate succession laws.
Distribute assets according to the law
Texas state statutes protect the rights of immediate family members when people die without wills. Spouses and children of the person who died frequently inherit the entirety of an intestate estate after a personal representative has fulfilled any outstanding financial obligations.
If the person who died does not have a surviving spouse or children, then their parents may inherit assets from the estate. The law allows other, more distant family members to become heirs in scenarios where there are no closer surviving family members.
For the most part, intestate succession proceedings are much like the traditional probate process. The main difference is that there are no beneficiaries selected by the decedent but rather heirs with a right of inheritance under Texas state statutes. Personal representatives have the same basic responsibilities, which include identifying and fulfilling financial obligations, properly managing estate resources and accounting for the distribution and liquidation of assets.
Those expecting to act as personal representatives or to inherit from an intestate estate likely need legal guidance. Working with a Texas probate attorney can make it easier to fulfill legal obligations and avoid common complications that may arise during intestate estate administration.