What to Do When a Loved One Dies Without a Will in Texas

Losing someone you love is hard enough. But when they pass without a Will, the confusion and stress can feel overwhelming. You June be wondering what happens next, who’s in charge, and how to handle everything from bank accounts to real estate.

At FOREVER LEGAL, we help families across Texas navigate this exact situation every day. If you’re dealing with a loved one’s estate and they didn’t leave clear instructions, here’s what you need to know—and what to do next.

First Things First: Take a Breath and Get Organized

Before you jump into paperwork or courthouse visits, just pause. Losing a loved one is heavy—and the process that follows can feel like a maze. Take a moment to center yourself. Grieving and confusion often go hand in hand, and it’s perfectly okay if you don’t have all the answers upfront.

At FOREVER LEGAL, we remind our clients that clarity comes step-by-step, not all at once. Our goal is to support you with structure and compassion as you find your footing.

Gather Important Documents and Information

Once you’re ready, we help you start pulling together the essentials. You’ll want to collect:

Death certificate (you’ll need multiple copies)
Bank statements and account info
Real estate deeds (including homes, land, mineral rights)
Vehicle titles
Insurance policies (life, auto, home)
Contact information for surviving relatives

Once we know what assets and documents are available, we start mapping out who June be legally entitled to inherit—and how the court will see the situation.

What Happens Legally When There’s No Will?

If your loved one didn’t leave a Will, they’ve legally died intestate. That word simply means the state decides who inherits what—using a set of rules called intestate succession.

In Texas, those rules are based on family relationships. They don’t reflect who was closest emotionally or who took care of them. The law looks at legal ties, not personal ones. The estate doesn’t go to the state—it gets divided up based on a formula. That can feel cold, but we’re here to help you understand what that formula means in your real-life situation.

Understanding Texas Intestate Succession Laws

Dying intestate means passing away without a valid Will. When this happens, Texas intestate succession laws determine who inherits your property. These laws attempt to distribute assets according to what the Texas Legislature believes most people would want but June not reflect the family’s actual wishes in the absence of a Will.

Spousal Inheritance Rights Without a Will

Texas is a community property state, which significantly affects inheritance rights. Community property includes most assets acquired during marriage, while separate property includes assets owned before marriage or received as gifts or inheritances during marriage. Per Texas inheritance law, separate property is distributed differently than community property when someone dies without a Will.

Here’s how community property is distributed when someone dies without a Will:

If the deceased has no children, or all children are also children of the surviving spouse, the surviving spouse inherits all community property.
If the deceased has children from another relationship, the surviving spouse keeps half of the community property, and the deceased’s children inherit the other half.

Here’s how separate property is distributed when someone dies without a Will:

If the deceased is survived by a spouse and children, the spouse receives one-third of the separate personal property and a life estate in one-third of the separate real property (with the children receiving the remainder).
If the deceased is survived by a spouse but no children or descendants, the spouse receives all separate personal property and half of the separate real property (with the deceased’s parents, siblings, or their descendants receiving the other half).

Children’s Inheritance Rights Without a Will

Biological children have strong inheritance rights under Texas intestate succession laws. When a parent dies without a Will:

If both parents are deceased, children inherit all of the estate.
If one parent survives, children share the deceased parent’s separate property with the surviving spouse as outlined above.

Legally adopted children have the same inheritance rights as biological children in Texas. They can inherit from their adoptive parents but generally cannot inherit from their biological parents.

Children born outside marriage can inherit from their mother automatically. To inherit from their father, paternity must be legally established through:

A court decree
The father’s acknowledgment of paternity
The father’s marriage to the mother after the child’s birth
DNA testing
Clear and convincing evidence of paternity

Parent’s Rights to Inherit from Children

If a child dies without a Will and has no spouse or children:

Parents inherit the child’s entire estate if both parents are living.
If only one parent is living, that parent receives half the estate, and the other half passes to the deceased child’s siblings or their descendants.
If no parents, siblings, or descendants of siblings survive, more distant relatives June inherit according to the order specified in the Texas Estates Code.

Stepchildren Inheritance Rights When There Is No Will

Stepchildren have no automatic inheritance rights under Texas intestate succession laws. A stepchild can only inherit from a stepparent if:

The stepparent legally adopted the stepchild
The stepparent included the stepchild in their Will
The stepchild was named as a beneficiary on non-probate assets (like life insurance or retirement accounts)

Grandchildren’s Inheritance Rights When There Is No Will

Grandchildren typically inherit only if their parent (the decedent’s child) is deceased. This is called “representation” or “right of representation.”

For example:

If a person dies with three children but one child predeceased them leaving two children (grandchildren of the decedent), the estate would be divided into three shares.
The two surviving children would each receive one share.
The two grandchildren would split the third share that would have gone to their deceased parent.

Half-Siblings Inheritance Rights Without a Will

In Texas, half-siblings have the same inheritance rights as full siblings when it comes to inheriting from their shared parent. However, half-siblings do not inherit from stepparents unless adopted.

This Texas Descent and Distribution chart summarizes the order of inheritance when there is no Will.

Probate Without a Will: The Legal Process Step by Step

When someone dies without a Will in Texas, the probate court follows specific steps to identify heirs and distribute assets:

Filing an Application for Administration
An interested party must petition the court to begin the probate process and appoint an Administrator.
Determination of Heirship
The court conducts a formal hearing where witnesses testify about the deceased’s family history and relationships. This often requires:
1. Documentation of marriages and divorces
1. Birth and death certificates
1. Evidence of adoption or paternity
1. Testimony from disinterested witnesses who know the family history
Appointment of Administrator
Unlike an Executor named in a Will, an Administrator must be appointed by the court and often must post a bond to protect the estate’s assets.
1. How is an Administrator chosen? Typically, the surviving spouse or an adult child will request to be appointed. If no one steps up—or if there’s tension in the family—the court will decide.
1. The Administrator is the court-appointed individual who steps into the role of managing the estate. Think of them as the quarterback—they gather the deceased’s assets, pay off debts, handle taxes, and make sure the estate is passed on properly to the legal heirs.
Asset Inventory and Appraisal
The Administrator must compile a detailed inventory of all assets and their values, which becomes particularly challenging when dealing with:
1. Business interests and partnerships
1. Digital assets and cryptocurrencies
1. Intellectual property rights
1. International assets

The intestate probate process presents significant challenges that extend both the timeline and costs. Unlike standard probate with a Will, intestate cases require multiple court appearances for heirship verification, dispute resolution, and asset distribution approval. While typical probate might take 6–12 months, intestate cases often extend to 18–24 months or longer, particularly with complex estates or international assets. We’ve guided several families through probate—and we know how overwhelming it can sound. But when you break it down, it’s just a series of steps. And if there’s no Will, the process is slightly more formal, but not impossible.

Handling Real Estate, Cars, and Bank Accounts

This is where we see most families freeze—figuring out how to access property, accounts, or vehicles when everything’s still in the deceased’s name.

Property Still in the Deceased’s Name. If your loved one’s name is still on the home or any land they owned, it can’t be sold or refinanced until that title is legally transferred. You’ll need either formal probate or, in some cases, an affidavit of heirship. At FOREVER LEGAL, we determine the right path and prepare all the legal paperwork. We also file everything properly so the transfer is clean and recognized by title companies and county records offices.
Dealing with Vehicles and Personal Property. A car June seem like a minor asset, but without proper transfer, you can’t insure it, register it, or sell it legally. In most cases, you’ll need a court-issued document—often part of the Letters of Administration—and sometimes a court order. That goes for assets like jewelry, firearms, and other personal property too.
Accessing Bank Accounts Without a Beneficiary. If your loved one didn’t name a payable-on-death beneficiary on their accounts, the bank won’t release the funds without court authorization. That means you’ll need either Letters of Administration or a Small Estate Affidavit, depending on the account balance.

Common Pitfalls in Probate — and How to Avoid Them

Even when the legal process is straightforward, the most challenging aspect of probate often comes down to people—conflicts, overlooked details, and unresolved family dynamics can significantly complicate the process.

Family Disputes. Grief impacts individuals in different ways, and when money or sentimental possessions are involved, longstanding tensions can resurface. What begins as a routine process can quickly escalate and drag on for months—or even years—if disagreements aren’t addressed early.
Missed Debts and Overlooked Assets. One of the most common and costly issues during probate is failing to identify and address all financial obligations and assets. It’s easy to forget that the estate must settle outstanding debts—including credit card balances, medical bills, and back taxes. At the same time, families often overlook valuable assets such as retirement accounts, life insurance policies, or dormant bank accounts.

When You Should Hire a Probate Attorney

Not every probate situation requires an attorney—but many do. And sometimes, people don’t realize they need help until it’s too late and the court is already involved. That’s where we come in early and help prevent bigger problems later.

Here’s when you should absolutely reach out to a probate attorney:

There’s a large or complicated estate
Family members are not getting along
There’s no clear Administrator
Property is spread across multiple counties or states

FAQ SUMMARY

What does it mean if someone dies “intestate”?
It just means they passed away without a Will. When that happens, Texas law decides who inherits their assets based on family relationships—not personal wishes.
Do I have to go to court if there’s no Will?
In most cases, yes—probate court is required to appoint someone to handle the estate and legally transfer assets.
Can I access my loved one’s bank account without a Will?
Not automatically. If there’s no named beneficiary, you’ll usually need court permission through documents like Letters of Administration.

Final Thoughts: Give Yourself Grace and Take It One Step at a Time

Losing a loved one is always painful—but not knowing what to do next can make it feel even worse. If you’re dealing with a situation where someone passed without a Will, know that there are clear steps to follow and people who can help.

At FOREVER LEGAL, we help families across Texas handle probate with clarity, compassion, and confidence. Whether you’re just getting started or already feeling stuck, we’ll guide you step by step and make sure nothing important gets missed. To learn more, we invite you to schedule a consultation with FOREVER LEGAL by visiting our consultation page. Our mission is to deliver personalized, sophisticated advocacy designed to address your unique needs. We encourage you to stay informed about our latest insights and updates by subscribing to our mailing list. Additionally, explore our Resource Center for comprehensive, downloadable Elite Guidebooks on business law, probate and estate planning, and guardianship law.

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