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Procedure ? An affidavit of heirship is prepared that details the decedent's heirship facts and the assets of the estate. The affidavit is then signed before a notary public by two disinterested witnesses. The affidavit is then filed in the real property records on file with the county clerk's office.
Even in the simplest situation, however, your family is looking at a minimum of $2,500 to $3,000 in fees and expenses. In general, for more complicated estates, the fees and expenses will likely exceed $5,000. These situations assume that the potential legal heirs agree with how the estate should move forward.
All of your estate would pass to your siblings or their descendants if you have no surviving parents. If you have no surviving parents, siblings, or descendants of siblings, then your estate will be divided into two halves. One half will pass to relatives on your mother's side.
How long does probate take without a will in Texas? The duration of the probate process without a will in Texas can vary significantly, as it depends on the unique circumstances of each estate. Generally, probate takes around 8-12 months to settle; however, this timeline may not be the case for intestate estates.
Separate property will likely be distributed to your closest relatives after your death. If you die without a will, Texas probate courts often use a family hierarchy model that starts with a surviving spouse at the top, followed by children, parents, and so on, to determine inheritance.