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When a loved one passes away, it can be difficult to know where to begin, especially if they didn’t leave behind a will. You might feel uncertain about how their assets will be handled or who is responsible for overseeing everything. Without a will, the process follows a specific set of rules under Texas law. If you’re in this situation, understanding what happens next can help you feel more prepared and confident as you move forward.
What Does “Dying Intestate” Mean?
“Dying intestate” means passing away without a valid will in place. When this happens, Texas law determines how the deceased’s assets will be distributed. Instead of following the individual’s wishes, the probate court must follow a set of state rules called intestate succession. These rules prioritize certain family members, like a spouse, children, or close relatives, depending on who survives the deceased. Without a will to guide the process, the court steps in to ensure assets are divided according to these legal guidelines.
Who Manages the Estate?
When someone dies without a will, the court appoints an estate administrator to manage the probate process. This person is responsible for handling the deceased’s assets, paying off any outstanding debts, and distributing property to the rightful heirs. Typically, a close family member, such as a spouse or adult child, will be chosen for this role. However, if no suitable family member is available or willing, the court may appoint a third party. The administrator’s duties are similar to those of an executor named in a will, but they must follow the court’s guidance and adhere to Texas’s intestate succession laws to ensure the estate is properly managed and distributed according to the law.
Determining Heirs and Distributing Assets
When there’s no will, Texas law uses intestate succession to determine who inherits from the estate. The court looks at the deceased’s surviving relatives and follows a specific order of priority. Typically, if the person was married, their spouse and children are the first to inherit. If they weren’t married or had no children, the estate may pass to parents, siblings, or other close relatives.
The portion of the estate each heir receives depends on factors like whether the deceased had community property or separate property, as well as the relationship between the deceased and the heirs. For instance, a surviving spouse may receive a larger share of the community property, while children or other relatives may inherit a portion of the separate property.
The probate court oversees the distribution to ensure that assets are divided fairly and in accordance with the intestate laws, minimizing disputes among the heirs.
Common Challenges in Intestate Probate
Probating an estate without a will can lead to various challenges, often making the process more complicated for family members. One of the most common issues is disagreement over how assets should be distributed. Heirs may feel entitled to more than what the law provides, leading to conflicts that must be resolved in court. In other cases, there may be confusion about who qualifies as an heir, especially if the deceased had children from multiple relationships or estranged family members.
Additionally, the process can take longer without a will to guide the distribution of assets. Sorting through debts, managing creditors, and selling property can create delays, leaving beneficiaries in limbo. Further complications arise when the estate’s assets, such as business interests or real estate, are difficult to value.
The probate court plays a key role in settling these disputes, but the process can be stressful and time-consuming for everyone involved, especially without clear directives from a will.
Contact an Experienced Dallas & Fort Worth Probate Attorney
At the Law Office of Carey Thompson, we understand that handling probate without a will can feel overwhelming. We’re here to guide you through the process, ensuring the estate is managed properly, and the assets are distributed according to Texas law. Whether you’re dealing with disputes among heirs or need assistance with the legal requirements, we’re ready to help. Contact us today to schedule a consultation, and let us provide the support you need during this challenging time.