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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.
In terms of asset distribution, Texas usually divides community property equally between any descendants and a surviving spouse. Community property generally includes anything that was acquired during your marriage and paid for by marital earnings or income.
Texas inheritance law says that dying with no will means the government has free reign to distribute your estate. It also means that they get to decide who is your executor, not you.
An interested person may petition for his appointment as administrator of the intestate estate. In the alternative, all heirs may consent for the administrator to handle the estate; this option requires the agreement of all heirs who must signify their approval before the court.
How to transfer property of the deceased in Texas without a will Identifying the heirs based on Texas intestate succession laws. ... Submitting the Affidavit of Heirship to the County Clerk. ... Drafting and Recording a New Deed. ... Example: Transferring a Family Home to the Surviving Spouse and Children.