Texas Intestate Estate Administration Attorneys
Guiding families through estate administration without a Will
When someone dies without a will in Texas, it creates a situation known as “intestate,” meaning the deceased hasn’t left instructions on how they wish to divide their estate nor who is supposed to be the executor of the estate.
As a result, their estate is distributed according to Texas law and must pass through probate court.
At the law firm of Shann M. Chaudhry Esq., Attorney at Law PLLC, our Texas intestate administration attorneys are experienced at guiding families through the estate administration process, even when there isn’t a Will.
Our law firm takes pride in our empathetic and communicative approach, and we’re committed to providing you with the highest level of service from start to finish.
If you need assistance with probate court and intestate administration, contact us. Our experienced Texas attorneys will guide you through the process.
What Is Intestate Administration?
An intestate estate means someone has died without a legally valid will. Under Texas law, there are both full and partial intestacies. when a will doesn’t meet all requirements of Texas law.
If a Texas resident dies without a will, their estate automatically enters the state’s intestate probate process. The result is that their assets are distributed according to Texas law—not according to what the decedent (the person who died) would have wanted.
Heirs are determined by the probate court. If the heirs can agree on an independent administrator for the estate—i.e. someone without connection to the heirs—then the administrator will:
- Catalog the estate’s assets
- Settle the estate’s debts with creditors
- Distribute the remaining assets to the legal heirs according to Texas law
Our approach
At SMC ESQ PLLC, our core values of empathy and service guide our approach to all our legal work.
We understand that in many cases, family members are still processing the loss of a loved one. We do what we can to make the legal process easier and offer a commitment to clear, prompt communication.
We break everything down into manageable steps to make sure you understand all the information without being overwhelmed.
Our approach
At SMC ESQ PLLC, our core values of empathy and service guide our approach to all our legal work.
We understand that in many cases, family members are still processing the loss of a loved one. We do what we can to make the legal process easier and offer a commitment to clear, prompt communication.
We break everything down into manageable steps to make sure you understand all the information without being overwhelmed.
How Do You Settle an Estate without a Will in Texas?
The first step in settling an estate without a will in Texas is determining the heirs. It’s a process that can be started by the estate’s heirs or creditors.
Since there isn’t a named executor of the estate, the heirs can hire an administrator—but all heirs must agree on who to work with.
An administrator has to follow the law but can guide the heirs through the intestate estate distribution process with less involvement from the court, which generally saves time and money. There are both independent and dependent administrators. The court makes this determination under Texas law.
After debts with creditors are settled, the property will be divided depending on whether the decedent was married and/or had children.
If the decedent was married, distinctions will be drawn between:
- Separate property, or property they owned before the marriage or by gift, inheritance, or certain kinds of lawsuits; and
- Community property, or property acquired during the marriage
How much of the decedent’s assets each person inherits will be determined by Texas law.
How an Estate Administrator Is Assigned
An intestate estate administrator is generally agreed upon by the heirs and appointed by the probate court.
However, some people who can’t administer the estate under Texas law, including anyone who is:
- Incapacitated
- A felon
- A nonresident of Texas who hasn’t appointed a resident agent
- A corporation without an appointed agent in Texas
- Anyone the court determines is unsuitable
Serving as an estate administrator is a complex and time-consuming role that requires an understanding of the law. In general, we recommend working with a Texas intestate administration lawyer whenever possible.
However, some people who can’t administer the estate under Texas law, including anyone who is:
- Incapacitated
- A felon
- A nonresident of Texas who hasn’t appointed a resident agent
- A corporation without an appointed agent in Texas
- Anyone the court determines is unsuitable
Serving as an estate administrator is a complex and time-consuming role that requires an understanding of the law. In general, we recommend working with a Texas intestate administration lawyer whenever possible.
Duties of an Intestate Estate Administrator
An intestate estate administrator has legal and fiduciary duties toward the heirs of the estate. This means that they have to put the heirs’ best interests above their own.
In practice, this also means that it’s a good idea to work with a Texas intestate administration attorney who has the training, legal knowledge, and experience to administer the estate with your fiduciary interests.
How Can an Estate Planning Lawyer Help with an Intestate Estate?
Estate planning lawyers are deeply versed in the ins and outs of Texas probate law and intestate administration. Their focus is helping individuals and families create documents that prevent this kind of situation from occurring in the first place.
And, when these situations arise, they’re qualified to help resolve them. An estate planning lawyer:
- Helps you understand the steps involved in resolving an intestate estate
- Keeps legal processes moving along as efficiently as possible
- Is required to act in the heirs’ best interests
Intestate estate administration can take years, but an attorney can help reduce that timeline.
Contact an Experienced San Antonio Intestate Administration Attorney
At the law firm of Shann M. Chaudhry Esq., Attorney at Law PLLC, our Texas intestate administration attorneys offer empathetic and communicative guidance in settling an intestate estate.
Grounded in many years of experience, our law firm takes pride in our service-based approach.
If you need support with intestate administration, contact us. Our knowledgeable Texas attorneys can guide you through the process.
TX Intestate Administration FAQs
Who determines the heirs in an intestate estate?
Heirs of an intestate estate are determined by Texas law. A lot depends on whether the person who has died has children or a surviving spouse.
For instance, if there’s no surviving spouse, then the assets go to the descendants. How those assets are divided depends on whether or not all the children are alive or if there’s a combination of children and grandchildren.
If the person who died is survived by their spouse, then assets are distributed by whether or not the assets are community property (marital property) or separate property.
How long does it take to settle an estate without a Will in Texas?
The length of time generally depends on how complex the estate is and how quickly heirs can reach agreements about settling the estate. What’s more, because the courts are involved in an intestate estate, the timelines for fully resolving the matter is longer.
What are the benefits of working with a probate attorney when there’s no Will?
Probate is already a time-consuming process that requires legal knowledge, and things can get even more complicated when there isn’t a Will. Working with a probate attorney can help the heirs save time and frustration in what is already a lengthy process.
Additionally, the estate administrator needs to act in support of the heirs’ best interests. Because of their legal training, Texas interstate administration attorneys are well-prepared to do this.