My Parents Didn’t Have a Will: What Do I Do?~2 min read
If your parents passed away without a will, you might be wondering what happens next. In Texas, when someone dies without a will, state laws decide how their property is divided. This process is called intestate succession, and it can take time and cause stress for families. Here’s what you need to know.
Who Gets What?
Texas law decides who inherits based on family relationships. Here’s a general idea of how it works:
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- If your parent was married, the surviving spouse usually gets a big part of the estate.
- If there are children from a previous relationship, things get more complicated. The estate may be split between the spouse and children.
- If your parent was not married, the estate goes to their children. If there are no children, it may go to their parents or siblings.
Since there was no will, the court must determine who the heirs are and what each person receives.
What Happens Next?
- File a Probate Case – You may need to open a case in probate court to settle the estate.
- Determine the Heirs – The court may require proof of family relationships before deciding who inherits.
- Settle Debts – Any debts your parents left behind must be paid from the estate before assets are distributed.
- Divide the Property – Once debts are settled, the remaining property is divided among the heirs.
This process can take months or even years, depending on the size of the estate and whether there are disputes.
Do I Need a Lawyer?
Probate can be confusing, especially when there is no will. A lawyer can help make the process smoother, protect your rights, and avoid costly mistakes.
Get Legal Help
If your parents did not have a will, Springer & Lyle can help you through the legal process. Contact experienced attorney Daniel Abasolo at 940.387.0404 to schedule a consultation. We can guide you through probate and make sure your family gets the answers and support you need.
Springer & Lyle is located at 1807 Westminster, Denton, TX 76205.