Probate/Estate Administration


Houston Heirship and Intestacy Lawyer

Dying Without a Will in Texas

When a person passes away without a valid Will (intestate), the estate will pass under the laws of descent and distribution as set forth in the Texas Estates Code.

The circumstances of the case will dictate whether the heirs inherit by means of an Affidavit of Heirship, an Heirship Proceeding or a Small Estate Affidavit.

Heirship Determination

Sometimes it is necessary to open an estate administration simultaneously with an heirship proceeding. This will allow a personal representative to administer the estate much like in a situation where the Decedent had died with a Will.

Texas is a community property state. Whether the spouse will inherit a Decedent's entire estate depends on the classification and type of property, as well as whether the Decedent's children were born to both spouses. The intestacy laws of Texas provide guidelines for allocating an estate to the Decedent's living heirs. The laws of descent and distribution can be complex and confusing and the Law Office of Houston Probate Attorney Stephanie Mudgett Boates can help determine which heirship/intestacy proceeding is appropriate for your estate matter.

To speak with a Houston Heirship and Intestacy Attorney, contact Stephanie Mudgett Boates at 281-584-0034.

Stephanie Mudgett Boates, P.C., represents clients in the cities of Houston, Memorial, Bellaire, Katy, Sugar Land, Richmond, Rosenberg, Cypress, Spring, Conroe, Tomball and Galveston and in the following counties: Harris County, Fort Bend County, Montgomery County, Brazoria County, Galveston County and Waller County.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.