Probate Without a Will in Texas
When a loved one passes away without a valid will, Texas law determines who inherits the estate. This process is known as intestate succession, and in many cases it requires a court proceeding to declare heirship before assets can be transferred.
Probating an estate without a will is often more complicated, slower, and more expensive than probate with a will—especially when there are blended families, stepchildren, or disputes among relatives.
Snodgrass Law Firm helps families in Corpus Christi and throughout South Texas to navigate intestate probate and heirship proceedings efficiently and correctly.
📞 Call or Text 361-239-8332 or visit snodlaw.com to schedule a consultation.
What Happens When Someone Dies Without a Will in Texas?
When there is no will:
The court must determine who the legal heirs are
An administrator (not an executor) must be appointed
The estate is distributed according to Texas intestacy laws
A Declaration of Heirship may be required
Texas Intestate Succession Laws (Who Inherits?)
Texas intestacy laws depend on:
Whether the person was married
Whether they had children
Whether those children were from the marriage or a prior relationship
Whether surviving parents or siblings exist
Common Scenarios
Married With Children (All From the Same Marriage)
Married With Children From Another Relationship
Not Married
Children inherit everything
If no children: parents, siblings, or extended relatives may inherit
⚠️ These rules are rigid and do not account for personal wishes or fairness.
Do Stepchildren or Stepparents Inherit in Texas?
No—stepchildren and stepparents do NOT inherit automatically under Texas law.
Unless a stepchild was:
They have no legal inheritance rights.
This is one of the most common and painful surprises in intestate estates.
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What Is a Proceeding to Declare Heirship?
A Declaration of Heirship is a court proceeding used when:
The Process Typically Includes:
Filing an Application to Declare Heirship
Identifying all potential heirs
Testimony from disinterested witnesses
A court hearing
A signed Judgment Declaring Heirship
Once completed, heirs can legally receive property and assets.
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Why Intestate Probate Is Risky Without a Lawyer
Mistakes in heirship cases can:
Delay probate for months or years
Cloud title to real estate
Trigger family disputes
Require costly corrections later
An experienced probate attorney ensures:
✔ Correct heirs are identified
✔ Required notices are given
✔ The administrator is properly appointed
✔ Property transfers are legally valid
How Snodgrass Law Firm Can Help
Snodgrass Law Firm assists with:
Intestate probate filings
Heirship determinations
Administration of estates without wills
Title clearance for inherited property
Probate disputes involving heirs
📍 Serving Corpus Christi, Nueces County, the Coastal Bend and South Texas
📞 361-239-8332
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FAQs
What happens if someone dies without a will in Texas?
Texas law determines who inherits the estate through intestate succession, often requiring a court proceeding to declare heirship.
Do stepchildren inherit if there is no will in Texas?
No. Stepchildren do not inherit unless they were legally adopted.
Is a declaration of heirship always required?
Not always, but it is commonly required when there is no will and real estate or unclear heirs are involved.
How long does probate without a will take in Texas?
It can take several months to over a year, depending on complexity and disputes.
If you would like assistance, contact Corpus Christi Probate Attorney R.F. Michael Snodgrass at info@snodlaw.com or call or text us at 361-239-8332.
