Information About Intestate Probate in Texas
In Texas, when someone dies without a will, that person is said to have died "intestate." In that scenario, the laws of intestacy govern how to distribute the decedent's assets. Intestacy laws in Texas set formulas for which heirs are entitled to which assets. When an individual dies without a will or trust, that person dies with virtually no control over how his assets are distributed. Instead, the laws of intestacy apply.
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Probate
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Probate is a judicial process in which a judge oversees the administration of a decedent's estate. The personal representative named in the will has the responsibility to carry out the will's instruction. That usually entails taking an inventory of the estate's assets, settling all debts and obligations and disbursing the assets to the will's beneficiaries. Under typical probate, the personal representative may have little supervision by the probate court. In addition, the personal representative typically has authority to settle disputes between beneficiaries.
Dependent Administration
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When someone dies without a will in Texas, the court usually appoints a person as personal representative. That person then has responsibility to administer the estate pursuant to Texas laws for intestacy. With intestate probate, the court-appointed personal representative is subject to more stringent oversight by the probate judge. Texas law refers to this type of probate as "dependent administration" because the court-appointed personal representative is highly dependent on the probate judge.
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Independent Administration
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Even if a person in Texas dies without a will, it is possible to avoid the cumbersome process of dependent administration. If all heirs and interested parties in the estate can agree, the probate court has the authority to appoint a personal representative to act as would a named personal representative in a will. This process is called "independent administration" because the personal representative has much less supervision by the probate judge. This process may help minimize attorneys' fees and other costs that would otherwise be paid from the estate.
Intestacy
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The basic scheme under the Texas Probate Code for intestacy is that the court (through the appointed personal representative) distributes the property of the estate to the decedent's heirs. If the person dies married, then the court transfers the property to the spouse. If the person dies with a spouse and children, then the court splits the property among them pursuant to the Texas Probate Code. If the person dies with no spouse or children, the court distributes the property to any surviving parents or other surviving relatives under the Texas Probate Code's formulas for distribution.
Warning
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This article is not intended to give legal advice. Please consult a qualified attorney licensed to practice in Texas to find out how the facts of your situation apply to Texas laws of intestacy, which are subject to change.
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