Houston Intestate Succession Attorney

When someone dies without a valid will in Texas, state law determines who inherits their property through a set of rules called intestate succession. These rules can produce unexpected results, particularly for blended families, unmarried couples, and families with complex property ownership.

How Texas Intestacy Law Works

Texas divides a deceased person’s property into two categories, each with different inheritance rules:

Community Property (acquired during marriage)

• Married with children (all from same marriage): Surviving spouse inherits all community property
• Married with children from prior relationship: Surviving spouse keeps their half of community property; the deceased’s half passes to the children, not the surviving spouse
• Married with no children: Surviving spouse inherits all community property

Separate Property (acquired before marriage, by gift, or inheritance)

• Personal property: Surviving spouse receives 1/3; children receive 2/3
• Real property: Surviving spouse receives a life estate in 1/3; children inherit the remainder
• No surviving spouse: Children inherit everything equally
• No spouse and no children: Property passes to parents, siblings, then more distant relatives

These rules often surprise families. A surviving spouse in a second marriage may discover they don’t automatically inherit the family home if their deceased spouse had children from a prior relationship.

The Intestate Probate Process in Harris County

When someone dies without a will in Houston, the typical process involves:

1. File an Application for Heirship Determination. Any person claiming to be an heir can file the application with one of Harris County’s five probate courts.
2. Court Appoints an Attorney Ad Litem. Texas law requires the court to appoint an attorney to represent the interests of any unknown heirs. The estate pays this attorney’s fees.
3. Prove Heirship. At the hearing, the applicant and at least one disinterested witness testify about the deceased’s family history, marriages, children, and relationships. The court determines who the legal heirs are.
4. Appoint an Administrator. If ongoing estate administration is needed, the court appoints an administrator (similar to an executor, but for intestate estates). All heirs can consent to independent administration to streamline the process.
5. Administer the Estate. The administrator inventories assets, pays debts, and distributes property according to the court’s heirship determination.
6. Close the Estate. File a final accounting and request the court to close the administration.

Common Complications

Intestate succession cases frequently encounter challenges that don’t arise when there’s a clear will:

• Blended families. Children from different relationships create complex distribution scenarios where the surviving spouse may receive far less than expected.
• Common-law marriage claims. Texas recognizes common-law marriage, but proving it after one spouse has died can be difficult and contentious.
• Unknown heirs. The attorney ad litem must conduct a reasonable search for all possible heirs, which can delay proceedings.
• Property characterization disputes. Determining whether assets are community or separate property requires tracing the asset’s history.
• Minor heirs. If any heir is under 18, the court may appoint a guardian ad litem and require a guardianship, adding cost and complexity.

How an Affidavit of Heirship Can Help

For simpler intestate estates, particularly when the primary asset is real property and all heirs agree, an affidavit of heirship may be a faster, less expensive alternative to full intestate probate. However, it only addresses real property and may not be accepted by title companies for several years.

Why Choose Kyle Robbins as Your Houston Intestate Succession Attorney

The complications of intestate succession underscore why estate planning matters. But when a loved one has already passed without a will, the priority is navigating the process efficiently and protecting the family’s interests.

Kyle Robbins guides Houston families through intestate succession proceedings in Harris County, handling the complex legal requirements so you can focus on your family during a difficult time. Most hearings can be attended remotely via Zoom.

Book a free consultation to understand your rights and options.