Probate Attorney El Paso

DN Virtual Law

Probate Without A Will

When one dies without a Last Will and Testament ( a “Will”), the law of the State of Texas (Texas Estate Code) determines the identity of the heirs of the one who died intestate (without a Will). For the identification of those heirs, read the blog (The Will Of an Intestate By The State of Texas).

The declaration of the identity of the heirs and their respective shares occurs at a hearing held before a probate court where an application is filed to have the heirs declared, and, if necessary, appoint an administrator or administratrix of the estate. The administration of the estate may e dependent or independent of court supervision, as deemed appropriate by the probate court, and will perform the same duties as an executor or executrix appointed by the probate court when a Will was filed for probate.

Alternatively, a Small Estate Affidavit may be filed for a probate court to sign an Order identifying the heirs, with their right to collect the estate property without an executor or administrator.

It is better to have a Will to probate, then not to have one, and have the State of Texas determine who is going take ownership of your estate (as covered in the blog article identified hereinabove).