Probate Without a Will in Texas: Intestacy, Heirship, and Common Pitfalls
Probate Without a Will in Texas (Intestate Estates)
By Corpus Christi Probate Attorney R.F. Michael Snodgrass of Snodgrass Law Firm
When a Texas resident dies without a valid will, their estate does not pass automatically to loved ones. Instead, Texas law determines who inherits, how property is divided, and whether court proceedings are required. This process is known as intestate probate, and it often creates delays, unexpected outcomes, and family conflict—especially in blended families.
Understanding how intestacy works can help families avoid costly mistakes and protect their rights.
What Does “Intestate” Mean in Texas?
A person dies intestate when they pass away without:
A will, or
A legally valid will that disposes of all property
In these cases, the Texas Estates Code—not the family—decides who inherits.
Common reasons intestate estates occur:
No estate planning was done
A will was lost or destroyed
The will is ruled invalid
The will does not cover all assets
Avoid this scenario by visiting our Estate Planning page.
How Texas Intestacy Laws Distribute Property
Texas intestacy rules depend on marital status, children, and whether property is community or separate property.
If the Deceased Was Married
Community Property
Goes entirely to the surviving spouse only if all children are also children of that spouse
Otherwise, the surviving spouse keeps their half, and the deceased’s half goes to their children
Separate Property
Separate personal property is split between the spouse and children
Separate real estate often gives the spouse a life estate, with remainder to children
If the Deceased Was Not Married
Property generally passes to:
Children
Parents
Siblings
More distant relatives
If no heirs exist, the estate may escheat to the State of Texas.
Why Heirship Proceedings Are Often Required
In most intestate cases, Texas courts require a Determination of Heirship before assets can be transferred.
This involves:
Filing an application with the probate court
Appointing an attorney ad litem
Presenting testimony from disinterested witnesses
A court order officially declaring the legal heirs
Heirship proceedings are time-consuming and expensive, but often unavoidable when there is no will.
Visit our Estate Administration page to learn more.
Blended Families, Stepchildren, and Common Pitfalls
Texas intestacy law does not protect blended families well.
Key problems include:
Stepchildren do not inherit unless legally adopted
A surviving spouse may inherit far less than expected
Children from prior marriages may receive immediate ownership interests
Family homes may need to be sold to divide ownership
These situations frequently lead to contested probate, family disputes, and litigation.
Learn more on our Contested Probate page or read our article “Contested Probate in Texas: How to Protect Your Inheritance When a Will Is Disputed.”
Other Common Mistakes in Intestate Estates
Assuming a spouse “automatically gets everything”
Believing verbal wishes are legally binding
Failing to open probate when property must be transferred
Waiting too long, causing title issues and creditor problems
Why Legal Guidance Matters in Intestate Probate
Probate without a will is rarely simple. A probate attorney can:
Determine heirs correctly
Guide families through heirship proceedings
Prevent unnecessary disputes
Ensure property is transferred legally and efficiently
Speak With a Texas Probate Attorney
If you are dealing with a loved one’s estate without a will, early legal advice can save time, money, and stress.
📞 Contact Snodgrass Law Firm to discuss intestate probate, heirship proceedings, and estate administration in Corpus Christi and throughout Texas.
FAQs (Frequently Asked Questions)
Do you have to probate an estate without a will in Texas?
Yes, if the deceased owned property that must be legally transferred.
Who inherits when there is no will in Texas?
Heirs are determined by Texas intestacy laws based on family relationships.
Do stepchildren inherit under Texas intestacy law?
No. Stepchildren inherit only if legally adopted.
How long does an heirship proceeding take?
Often 3-6 months, depending on complexity and court schedules.
Contact Snodgrass Law Firm, PLLC today to schedule a free consultation and learn how experienced legal representation can make a meaningful difference in your Probate matter. Please email us at info@snodlaw.com or call or text us at 361-239-8332 to set up a consultation at our office, by phone, or on Zoom.
This article is provided for general educational purposes and does not constitute legal advice. No attorney–client relationship is formed by reading this content.
Last updated January 23, 2026.
