Texas New!The Uncontested Docket: When the Decedent Dies Without a Will(updated 9/05/2017)
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FAQ
The general rule in Texas is that the executor has four years from the date of death of the testator (person who drafted the will) to file for probate.
Executors in Texas must be a state resident who is at least 18 years old with no criminal record. Posting an executor bond is a requirement for almost all executors. Its amount is tied to the value of the estate. Unlike many other states, requires executors to hire an attorney, in almost all cases.
When a Texas resident dies without having made a last will and testament, they are automatically entered into the state's intestacy probate process. Each state controls the functioning of this process through the intestacy succession laws found in that state's probate tax code.
You simply file the affidavit with the county clerk of the counties where the decedent owned property or resided at the time of death. The affidavit must be notarized and signed by two disinterested people (i.e., persons that have no financial interest in the decedent's estate).
When someone dies with an established will in place, the will must be filed with the proper court along with a written application to admit the will to probate and be appointed executor of the estate. A decedent's will should be filed with the probate court in their county of residence prior to their death.
If you have no spouse or children, your property will be split among your parents and/or siblings, depending on who survives you: If both parents are still living, ½ goes to Mother and ½ goes to Father. If one parent and siblings (or siblings' descendants) are still living, ½ goes to surviving parent and ½ to siblings.
The first major step in settling an estate is appointing an executor. Intestate succession usually grants a surviving spouse, child, or descent executor rights or legal trustee, but if they are not available or you want another person to inherit your estate, then this is where it becomes challenging.
An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.