Estate administration is a long process that begins shortly after someone dies and ends after the distribution of their resources in accordance with their estate plan and/or Texas law. Often, the terms included in a will provide clear instructions about who should receive what from an estate.
However, not everyone who dies in Texas leaves behind a will or other estate planning documents. Family members may be uncertain about what comes next if someone dies without a will or estate plan on record. When someone dies without a will, they have died intestate. What does the intestate probate process in Texas typically entail?
Validating the absence of a will
Family members or the personal representative of an estate typically need to take immediate action to locate a will or other estate planning documents after someone dies. Going through their home and communicating with their attorney can help affirm whether or not there are documents on record.
Surviving family members or a personal representative can then initiate probate proceedings after informing the courts that there is no will on record.
Reviewing financial records
When someone dies without a will, determining the extent of their assets and financial obligations is of the utmost importance. The personal representative of an estate needs to determine what assets they may have to distribute and what financial obligations they have to fulfill first. They may need to secure and manage estate resources until the completion of the probate process.
Determining how to distribute property
The personal representative of a Texas estate usually needs to fulfill financial obligations before distributing assets to heirs. When someone dies without an estate plan, their immediate family members become their heirs because they did not select their own beneficiaries.
Typically, spouses and children have the strongest inheritance rights after someone dies without a will. Community property statutes and intestate succession laws help ensure that the closest family members of the person who died receive most or all of the property from their estate. Those without spouses or children may have their property pass to their parents or other surviving family members.
Careful compliance with intestate succession laws is necessary for the protection of a personal representative. They may need assistance interpreting the law and managing the probate process. Learning about what happens to an estate that is not governed by an estate plan can be beneficial for those who have an interest in an estate or a relationship with a deceased party.
