The Reecer Law Firm

Texas Estate Planning & Probate Law

Probate

My Parents Did Not Have a Will: What Should I do Now?

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The passing of parents is an emotionally challenging experience, and dealing with their affairs can be overwhelming, especially when they did not leave behind a will. In Texas, intestate succession laws govern the distribution of assets and property when a person dies without a will. By following certain steps, you can navigate the situation effectively.

Parents don't have a will

Consult with an Attorney

Seek the guidance of a qualified estate attorney who is familiar with the state’s laws on intestate succession. An attorney can provide essential advice and help you understand the legal process involved in distributing the estate.

Stay Organized: Gather Important Documents

Start by collecting all relevant documents, such as birth certificates, marriage certificates, property deeds, bank account statements, investment records, insurance policies and other paperwork related to their assets and liabilities. Having these documents organized will make the process smoother.

Determining the Legal Heirs

When a person dies without a will, they are said to have died “intestate.” The laws will dictate who the legal heirs are. In most cases, the surviving spouse and children are considered primary heirs. If your parents were unmarried or their spouse predeceased them, the distribution becomes more complex and may include parents, siblings, and other relatives.

Appointing an Administrator

In Texas, an “administrator” is appointed by the court to oversee the estate’s distribution when there is no will. The court will typically appoint a close family member, such as a surviving spouse or an adult child, as the administrator. If there is a disagreement among potential administrators, the court will make the final decision.

Inventory and Valuation of Assets

The appointed administrator will need to create an inventory of the deceased’s assets, including real estate, bank accounts, investments, and personal property. This inventory should be as detailed as possible, and it may require the help of a professional appraiser to accurately value certain assets.

Paying Debts and Taxes

Before any distribution of assets, the estate’s debts and taxes must be settled. This includes outstanding bills, funeral expenses, and any other debts your parents may have had. The administrator should also file the final income tax return for the deceased and, if necessary, an estate tax return.

Distributing the Estate

Texas laws dictate how the estate will be distributed among the legal heirs. The distribution may vary depending on the surviving family members’ relationships, such as whether there is a surviving spouse, children, or other close relatives. The estate distribution process can be complex, especially when there are blended families, stepchildren, or distant relatives involved.

If there is a surviving spouse and children:

  • The surviving spouse may receive a portion of the estate, and the rest will be divided among the children.

If there is no surviving spouse but there are children:

  • The estate will be divided equally among the children.

If there is no surviving spouse or children:

  • The estate may go to the deceased’s parents, siblings, or other relatives.

Avoiding Probate with a Small Estate Affidavit

In some cases, if the value of the estate is small, it may be possible to avoid probate altogether by using a Small Estate Affidavit. This process allows for a simplified distribution of assets without the need for court involvement. However, specific conditions must be met for this option to be applicable.

Dealing with the passing of parents is a challenging time, and not having a will can make it more complex. In Texas, intestate succession laws govern the distribution of assets when a person dies without a will. To ensure a smooth and legal distribution, it is crucial to understand the laws, determine the legal heirs, and follow the appropriate legal procedures. Seeking the guidance of an experienced estate attorney can be beneficial during this process, helping you navigate the complexities of Texas intestate succession laws.

Contact The Reecer Law Firm PLLC for Assistance

Dena Reecer, founder, and owner of the Reecer Law Firm PLLC, is one of a few Texas attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you have questions regarding estate planning, contact us for more information about how we can help you. The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, Texas 76210.

When Do I Have To Probate A Will?

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It is possible for someone with a large estate to die without a will. This happens when the decedent made other arrangements for the transfer of property, such as establishing trusts, naming beneficiaries on retirement accounts and insurance policies, or owning property with another person as joint tenants with rights of survivorship.

If there is a will, that will must be admitted to probate in order for the assets named in the will to be transferred to the named beneficiaries.

When Do I Have to Probate a Will in Texas?

Texas law requires that when a person dies with a will, that will must be admitted to probate within four years of the person’s death. The will usually names an executor of the estate, and the executor is the one who is charged with filing the will within the time frame established by law.

If the executor fails to file the will within four years of the decedent’s death, the assets may then be distributed according to the laws of intestacy, which govern asset distribution when there is no will.

Overview of the Probate Process

The will must be submitted with a probate application to the probate court in the county where the decedent died. A court hearing will be scheduled to take place after the probate application and will are submitted to the court. The court clerk will give notice that the will has been filed.

At the hearing, if no one has come forward to contest the will, the court will determine if the will is valid and appoint an executor, which is generally the person named in the will.

If the estate is small, there are few assets, and no one contests the will, the probate process can be completed in about six months. For larger estates, and if someone contests the will, the process can take more than a year.

Contact the Reecer Law Firm PLLC for Assistance

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is one of a few Texas attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Contact the firm for more information about having a loved one’s will submitted to probate so the assets can be distributed according to the decedent’s wishes.