The Process of Settling an Estate in Absence of a Will

Recent surveys show that fewer than one-third of Americans have a will, about 32% in 2024 and 24% in 2025. Young adults (18–34) are the only age group that hasn’t declined since 2020; will ownership in this group rose from roughly 16% in 2020 to 24% in 2024 (about a 50% increase). Many respondents still cite health events (including COVID-19) as a motivator. Before you make any decisions, speak with a qualified estate planning lawyer in Houston.

If a loved one dies in Houston without a will, the case is handled in the Harris County Probate Courts. Attorneys must file probate documents. And if a will later turns up, Texas generally has a four-year deadline from the date of death to admit that will to probate (with narrow “not in default” exceptions).

Dying without a will (dying intestate) or dying with an invalid will can cause logistical problems, becoming financially and emotionally draining on the loved ones you have left behind. In the absence of a will to name an executor, the state will provide a list of people eligible to fill the role. Should probate court be necessary, the court will make a selection based on this list.

To avoid these complications and ensure your wishes are carried out, contact a qualified Houston estate planning lawyer. Call The Law Office of Whitney L. Thompson, PLLC today at (281) 214-0173 to protect your family and secure your legacy.

Who Will Settle My Estate Without a Will?

Typically, states make a surviving spouse or registered domestic partner their first choice. If there is no spouse or partner, then adult children usually follow next on that priority list, then parents or other closest family members related by blood. Further next of kin includes grandparents, grandchildren, aunts and uncles, nieces, and nephews.

There are rare instances where the state can find no next of kin. In this instance, your assets will wind up in the state’s coffers. Suppose your heirs are more distant next of kin. In that case, they may require an affidavit notarizing them to be heirs to the estate property and further documentation requirements to transfer ownership of assets. State intestacy laws encourage reasonable efforts by probate authorities to identify heirs in the absence of a valid will or no will at all.

In all cases, without a will, there must be a petition to the court to appoint a personal representative to settle your debts, final taxes, minor guardianship of children, and distribution of your personal property. In the absence of any legal heirs, the law permits the court to appoint any legally competent person.

In Texas, you file in the county where the decedent resided when they died (or where most of the property is located, in some circumstances). In Houston-area cases, that means filing in Harris County Probate Court.

How Long Does Probate Take Without a Will

Moreover, if the deceased owned properties in different states, ancillary probate proceedings might be required for those out-of-state properties, presenting additional challenges and extending the timeline.

Each estate faces unique challenges based on its assets, debts, and the dynamics among the surviving relatives or claimants. Therefore, it’s crucial to understand that while general timelines can provide a guideline, the actual duration of probate without a will in Texas is highly dependent on the specific circumstances of each case.

Step‑by‑Step Probate Process When There Is No Will

Here is what probate looks like in Houston when there is no will:

1. Confirm need for probate. If the estate qualifies for a Small Estate Affidavit, you may avoid full probate; otherwise, pursue administration.
2. File an Application to Determine Heirship and for Letters of Administration in a Harris County Probate Court.
3. Give legal notice. The clerk issues a citation for posting at the courthouse and publication if heirs are unknown. Serve relatives.
4. Prepare for the hearing. Two disinterested witnesses testify about family history so the judge can declare heirs under the Texas Estates Code.
5. Hearing and appointment. The court names an administrator, often an independent administrator if all distributees agree or the court finds it appropriate.
6. Oath, bond, and Letters. After the oath and any required bond, the clerk issues Letters of Administration so you can collect and manage assets.
7. Notify creditors. Publish notice to unsecured creditors and send notice to secured and known claimants. Track deadlines.
8. Inventory and accounting. Within the statutory period, file an Inventory, Appraisement, and List of Claims or an affidavit in lieu.
9. Manage, liquidate, and pay. Safeguard property, sell assets if needed, and pay valid expenses and taxes from estate funds.
10. Distribute and close. Transfer remaining assets to the heirs, get receipts, and request closing.

A Houston estate planning lawyer can prepare filings, appear at court, line up witnesses, negotiate creditor issues, and keep your case moving on the Harris County courts’ calendars at every step.

Houston Estate Planning Lawyer – The Law Office of Whitney L. Thompson, PLLC

The Process of Determination of Heirship in Texas

A Determination Of Heirship (or formal judicial proceeding) is where the court declares the identity of the decedent’s heirs.

If a person passes away without a will, it can be costly and time-consuming to determine the heirs. After filing an application to declare heirship, the court must appoint an attorney ad litem to represent the interests of heirs whose names or locations are unknown. Harris County now requires a $750 deposit toward ad litem fees in these cases. Once the ad litem’s work is complete, the court sets a hearing to determine heirship.

The court will ask two impartial witnesses during that hearing to testify to basically the same facts as required for the Affidavit of Heirship. The Determination of Heirship has the advantage of allowing the court to make a final decision about the identity of the heirs.

When looking for ways to settle an estate without a will, it is always best to consult an attorney to help you choose the best procedure for your situation. A skilled lawyer may be able to explain the difficult parts of the process and help you grasp your roles and responsibilities.

Attorney Whitney L. Thompson has been helping families settle their estates for years. She may be able to assist you. Contact us today to schedule a consultation.

What Relationships Are Acceptable for Representation without a Will?

Each state has relationship qualification requirements of intestate succession that may not be as obvious as you think. For instance:

• Surviving Spouse: Must have been legally married to the decedent at the time of death.
• Legal separation or pending divorce: A judge will determine whether or not the surviving member of the couple is a surviving spouse.
• Common-law marriage: Very few states recognize common-law marriages, and each state has its own set of circumstances for approval.
• Same-sex couples: Same-sex marriage is now legal in all 50 states and has the same rights and responsibilities as all legally married couples. Same-sex registered domestic partners or civil union partners recognition is state law-dependent.
• Adopted children: In all states, legally adopted children inherit from their adoptive parents in the same manner as biological children.
• Stepchildren: Most states will not include stepchildren who were never legally adopted.
• Foster children: These children will not usually inherit as foster parenting is not adoption.
• Children adopted by an unrelated family or adult: Most states recognize that placing a child up for adoption severs the legal tie between them and their birth parents. Under intestate succession laws, neither the child can inherit from the parents nor the parents from the child.
• Children adopted by a stepparent: Depending on state law, a child adopted by a stepparent may still inherit from their biological parents.
• Children born after the parent’s death: Any child conceived before a parent’s death but born after (posthumous child) inherits just as children born during the parent’s life.
• Children born out of wedlock: These children always inherit from their birth mother unless an unrelated family adopts them. To inherit from the father, the child usually must show some paternal proof.

Inheriting under intestate succession laws may require an heir to live a certain amount of time longer than the decedent. Depending on the state, this can be 120 hours, five days, or merely having outlived the decedent for any period of time qualifies them as an heir. If an heir dies, close relatives such as the deceased person’s child may inherit all or some for what their parent would have received. Known as the “right of representation,” these children or grandchildren may be eligible as heirs though it can be complicated to establish depending on state law.

Relationship	Qualifies as heir under Texas intestacy?	Notes / Conditions
Surviving Spouse	Yes	A surviving spouse inherits under Texas intestate succession. The share depends on whether property is community or separate and whether there are children.
Legal separation or pending divorce	It depends / likely No	Texas only recognizes a marriage that is legally valid and still in effect at death. Legal separation is not recognized.
Common-law marriage	Yes (if valid)	Texas recognizes informal or common-law marriages if the couple meets the legal requirements.
Same-sex couples	Yes (if legally married)	Same-sex spouses have the same inheritance rights as opposite-sex spouses.
Adopted children	Yes	Adopted children inherit the same as biological children.
Stepchildren (never legally adopted)	No	Stepchildren do not inherit unless they were legally adopted.
Foster children	No	Foster children are not legal heirs unless adopted.
Children adopted by an unrelated family or adult	No	Adoption by unrelated adults severs inheritance rights from biological parents.
Children adopted by a stepparent	Yes (if legally adopted)	A child adopted by a stepparent inherits from that stepparent.
Children born after the parent’s death	Yes	A child conceived before death but born after inherits as if born during the parent’s life.
Children born out of wedlock	Yes (with conditions)	A child always inherits from the mother; to inherit from the father, paternity must be proven.

What Could Happen to My Minor Children Without a Will?

If you have minor children having a valid will allow you to name a personal guardian(s). In the absence of a will, a judge will have to appoint an interim guardian until enough information about the situation is gathered to determine the best decision for the welfare of the children.

Depending on your circumstances, a will can be a straightforward document that removes the onus on your surviving loved ones to handle your responsibilities. If you have minor children or substantial assets, your will may be part of a larger estate plan.

We handle probate and intestacy matters across Houston and nearby communities, including Spring, The Woodlands, Cypress, Katy, Clear Lake, and more. Hearings are typically held downtown at the Harris County Civil Courthouse.

Don’t let the state decide who inherits your money and your property. We would be happy to help you figure out a plan that works for you. Please contact our Houston office at 281-214-0173 or the Bay City office at 979-318-5079 today and schedule an appointment to discuss how we can help you with your legal matters.