When a family member dies without a Will in Texas, there are several probate alternatives available. Contact a probate attorney for a free consultation to discuss your options.
This page provides information about what to do if a family member died with no Will in Texas. If a loved one died without a Will, there are several Texas probate alternatives available. "Probate" is the first step in handling your loved one's estate.
Whether the loved one has only a small estate or a very large estate, some form of probate is probably necessary to distribute the assets to the heirs. Depending on your specific situation, the probate alternative could be both very affordable and fast.
Here is a list of the three most common alternatives to probate in Texas when there is no will:
If the decedent only owned a house or other real estate property, the Affidavit of Heirship is an affordable and effective method of transferring title to the decedent's heirs. This method is extremely fast and affordable.
If the decedent's property was worth less than $75,000 all together, not including the decedent's homestead, the estate may qualify for the small estate affidavit. The small estate affidavit is inexpensive and generally fairly quick.
This procedure is best suited for situations in which the decedent owned more than $75,000 in assets. A Determination of Heirship involves several court filings and at least one probate court hearing.
When a person dies without a will in Texas, we call that "dying intestate." So, the laws, courts and legal forms refer to "intestate succession" or "intestacy" when a Texan dies without a will.
