FAQ

It’s common for family members to pass away before they’re able to make their estate plan. When someone dies without a will, this is referred to as “intestacy”. Texas, like all states, provides default rules on how a decedent’s assets are divided among family members, depending on the person’s marital status and if he or she had children. The property division also depends on whether your family member’s estate consists of separate property or as community property with his or her spouse.  Your probate attorney will explain the default rules of property division and whether you’ll need to proceed with administering the estate through the court system.

Sometimes yes, sometimes no. You still may have to go through the legal process even when family members are generally in agreement when it comes to division of property. For one, you may not have full access to all assets, such as bank or brokerage accounts, until a judge grants you authority to deal with your loved one’s estate. If your family member owed debts to creditors, probate provides a mechanism to pay off those debts in an orderly fashion. Furthermore, assets like real estate typically require some form of probate procedures to properly reflect new ownership in deed records.  

Texas provides several means of dealing with a decedent’s estate, some of which can be accomplished with minimal court involvement. A probate attorney can walk you through your family’s options.

The hours and days after a loved one’s death are a difficult time for any family. After notifying relatives and friends of the death, family members should make funeral, burial or cremation arrangements. You should find out whether your family member had a prepaid burial plan or otherwise expressed their wishes prior to death. Relatives should also secure the decedent’s property by locking home and vehicles, throwing away spoilable food, and forwarding mail. If your relative was still employed, contact their work to receive their final paycheck and see if they had any employer-sponsored insurance benefits. Be sure to request multiple copies (at least 10) of your relative’s death certificate from the funeral home or vital statistics office. When you’re ready, contact a probate attorney to discuss your options to close your loved one’s estate.

Texas generally gives family members four years after a loved one’s death to appoint an executor or administrator and distribute the assets of the estate. If you are now beyond that time period and need to clear title to real property, consult an attorney today to see what your options may be. Depending on whether your relative left a will, who assumes the property under the rules of intestate succession, and other factors, your attorney may advise a muniment of title, a declaration of heirship, or an affidavit of heirship to transfer property to the heirs.