In an ideal situation, if you are left to handle a loved one’s affairs after they pass, you have your loved one’s detailed will or estate planning document at your disposal. Sometimes, however, individuals die without a will, and their heirs are left to navigate intestate probate in Texas. The word “intestate” literally means that a person dies without a will, and intestate probate is different from (and more complicated than) probating an estate that includes a will. On today’s blog, we review the basics of the intestate probate process for those who might need guidance as they handle their loved one’s affairs.
Step 1: Appoint an Administrator
Because the decedent will not have named an executor, it falls on the court to appoint an administrator for the estate. Typically, an attorney will notify the court that an individual has died, and that attorney will ask the court to appoint an administrator. The administrator will then be responsible for naming the possible beneficiaries of the decedent’s estate. Importantly, the court must issue Letters of Administration during this process; these letters detail the administrator’s authority to act on behalf of the decedent’s estate.
Step 2: Review the Estate
The administrator will need to take time to review the decedent’s assets and debts, including bank accounts, real property, investment accounts, and sentimental or valuable items. Once the administrator is armed with this information, he or she can determine how to administer the estate. In order to administer the relevant assets, the administrator will need to file an affidavit of heirship. This formal document lists the decedent’s heirs and the assets, and all heirs need to sign and notarize the document (along with two witnesses).
Step 3: Proceed through the Probate Process
Once the court has named an administrator and determined the heirs, the will can pass through probate. This can happen either through a small estate affidavit or through the regular probate channels. There also might be assets that can bypass the probate process, which a Houston estate planning attorney can easily identify through a thorough review of the estate.
Do You Need a Houston Estate Planning Attorney to Help You Navigate Probate?
Overall, intestate probate can take more time and resources than probate would normally take. If you are in the midst of trying to navigate intestate probate in Texas, know you do not have to go it alone. At McCulloch & Miller, we specialize in taking the time to walk you through your options and ensuring you have all the necessary tools at your disposal to execute the probate process as easily as possible. When you want the best team of Houston estate planning attorneys by your side, contact our team at McCulloch and Miller. You won’t be disappointed. To set up a consultation with one of our Houston estate planning attorneys, call us today at 713-597-7176. You can also fill out our online form, and an attorney will reach out to talk with you about the details of your case. We cover estate planning, probate, trust administration, elder law, special needs planning, and more.