Your loved one has passed away without leaving a will, and you’re facing overwhelming questions. Who inherits? How is property divided? Who’s in charge of the estate? How do you transfer assets legally? The uncertainty is compounded by grief, and you’re worried about making mistakes that could cost your family thousands of dollars or create lasting disputes.
You’re not alone in this situation—nearly half of all Americans die without a will.
At Strickland Law Firm, we guide Houston families through intestate succession—the legal process when someone dies without a will. We’ll help you understand Texas inheritance laws, determine who the rightful heirs are, choose the right probate procedure for your situation, and ensure property transfers correctly while minimizing family conflict and legal complications.
When a person dies without a valid will, Texas law determines who inherits through a process called “intestate succession.” The Texas Estates Code provides a specific formula based on family relationships, marital status, and what types of property the deceased owned. Unlike probate with a will, where the deceased’s wishes guide distribution, intestate succession follows rigid statutory rules that may not reflect what your loved one would have wanted.
The distribution depends on several factors. If the deceased was married, the surviving spouse’s share depends on whether property was separate or community property and whether there are children. If unmarried with children, the children inherit everything equally. If there are no children, parents may inherit, followed by siblings, and then more distant relatives.
This process requires court involvement to officially determine who the legal heirs are and to authorize property transfers. You cannot simply divide property among family members without proper legal procedures—doing so creates title problems that surface when trying to sell real estate, transfer vehicles, or access financial accounts.
We guide families through intestate probate with clarity and efficiency—no confusion, no surprises. When you work with us, we
You’ll have experienced guidance through an unfamiliar process, clear answers to your questions, and confidence that everything is being handled correctly under Texas law.
Understanding how Texas law distributes property helps you know what to expect. If your loved one was married with children from that marriage, the surviving spouse typically receives all community property and one-third of separate personal property, with children receiving two-thirds of separate personal property and all separate real property. If married with children from another relationship, the surviving spouse receives one-half of community property and one-third of separate personal property.
For unmarried individuals with children, children inherit everything equally. If there are no children, parents inherit all personal property and half of real property, with siblings receiving the other half of real property. Without parents or siblings, more distant relatives inherit according to statutory priority.
These rules are rigid—the court cannot modify them based on who your loved one was closest to or who helped care for them. Only a valid will can override intestate succession.
Not every estate without a will requires full probate administration. Texas offers several procedures depending on estate size and complexity:
Small Estate Affidavit – For estates valued at $75,000 or less (excluding homestead), this simplified procedure allows property transfer without formal court proceedings when all heirs agree.
Affidavit of Heirship – When real property needs to be transferred and family relationships are clear, this document can establish ownership without full probate, though it may require court filing in some counties.
Determination of Heirship – For complex estates or when heir relationships are disputed, this court proceeding provides formal verification of who inherits and their respective shares.
Traditional Administration – For estates requiring ongoing management, court supervision, or creditor claim processing, appointing an administrator ensures proper handling of all estate matters.
We evaluate your specific situation and recommend the procedure that balances efficiency with legal protection.
Many families try to handle estates informally when there’s no will, simply dividing property among themselves without court involvement. This creates serious problems. Real estate remains in the deceased’s name, making it impossible to sell or refinance. Vehicle titles cannot transfer properly. Bank accounts and investment accounts remain frozen.
Additionally, without proper probate procedures, disputes can erupt years after death when one heir tries to sell property, claims they’re entitled to more, or discovers assets weren’t divided according to law. Proper legal procedures protect everyone by creating clear documentation of ownership and preventing future conflicts.
At Strickland Law Firm, we understand that probate without a will creates unique stress and uncertainty. You’re grieving while navigating unfamiliar legal territory and potentially managing family disagreements about who gets what. We’ve helped countless Houston families successfully navigate intestate succession, even in complex situations involving disputed heirship, blended families, and significant estate assets.
We explain Texas inheritance laws clearly, help you understand what to expect, recommend the most efficient probate procedure for your situation, and handle all legal complexities while keeping your family informed. Our goal is to settle the estate properly, protect your inheritance rights, and minimize family conflict during an already difficult time.
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Texas intestate succession laws divide property based on marital status and family relationships. For married individuals, the surviving spouse receives all community property if all children are from the marriage, but only half of community property if there are children from other relationships. Separate property is divided between the spouse and children, with specific fractions depending on whether it’s real or personal property. For unmarried individuals, children inherit everything equally. Without children, parents inherit, followed by siblings and more distant relatives. Separate property and community property are treated differently, and stepchildren generally have no inheritance rights unless legally adopted. These rules are mandatory—courts cannot deviate based on the deceased’s presumed wishes or family circumstances.
Whether you need formal probate when someone dies without a will depends on what assets they owned and their total value. If the estate is small and qualifies, you may use a Small Estate Affidavit to transfer assets without court probate proceedings. For real estate with clear family relationships, an Affidavit of Heirship may establish ownership. However, if the estate includes significant assets, has creditor claims, involves disputed heirship, or requires ongoing management, formal probate through Determination of Heirship proceedings or administration is necessary. Attempting to transfer property without proper legal procedures creates title defects that cause problems when heirs later try to sell or refinance. We help families determine which procedure is legally required and most efficient for their specific situation.
A Determination of Heirship is a court proceeding that officially establishes who the legal heirs are when someone dies without a will. This formal process is needed when family relationships are complex or disputed, when the estate includes valuable assets requiring court verification of ownership, when financial institutions or title companies require court documentation of heirship, or when an Affidavit of Heirship is insufficient for the assets involved. The court appoints an attorney ad litem to investigate family relationships independently, hears testimony from witnesses about family history, reviews documentary evidence like birth and marriage certificates, and issues a judgment declaring who the rightful heirs are and their respective shares. This judgment provides legal certainty and allows property transfers with clear title.
Yes, a Small Estate Affidavit can be used when someone dies without a will, provided the estate meets specific requirements under Texas law. The total estate value must be $75,000 or less (excluding homestead and exempt property), at least 30 days must have passed since death, no probate proceedings can be pending or granted, and all heirs must agree on distribution and sign the affidavit. This simplified procedure allows heirs to collect and distribute assets without formal court probate, saving significant time and money. However, a Small Estate Affidavit only works for smaller estates with cooperative heirs—larger estates or those with disputes require formal probate proceedings. We evaluate whether your situation qualifies and help prepare the affidavit correctly.
Intestate probate in Harris County typically takes 6-12 months for straightforward cases but can extend to 18 months or longer for complex estates. The timeline depends on which procedure is used—a Small Estate Affidavit may resolve in 1-2 months, while Determination of Heirship proceedings typically take 4-8 months. Full administration with an appointed administrator usually requires 8-12 months minimum. Factors affecting timeline include estate complexity, whether heirs agree on distribution, if creditor claims must be addressed, court scheduling and backlog, and whether anyone contests heirship or distribution. Disputed heirship cases, especially those requiring DNA testing or extensive genealogical research, can take significantly longer. Working with experienced probate counsel helps expedite the process by ensuring all requirements are met efficiently.
The court reviews the dispute, which can slow the process and require legal representation.
It allows the executor to act with limited court supervision, saving time and cost.
The estate may be treated as intestate unless a valid copy can be proven.
Don’t let the absence of a will prevent you from properly settling your loved one’s estate. Texas law provides clear procedures for probate without a will in Houston, and we’ll guide you through every step. The sooner you begin, the sooner you can resolve uncertainty and move forward.
Call Strickland Law Firm today to discuss your intestate probate situation and learn which legal procedures are right for your family.
