Intestate Succession

Understanding Texas Estate Distribution When There Is No Will

When someone passes away without a will in Texas, their estate is distributed according to the state’s intestacy laws. This process—known as intestate succession—determines who inherits property and in what shares. Because the Texas Estates Code controls every step, families must follow these rules carefully and often require probate court involvement to legally establish heirship.

At McCulloch & Miller, PLLC, we help families throughout Houston, Austin, Dallas, and across Texas understand their rights under intestate succession and complete the probate procedures needed to transfer property lawfully and efficiently.

What Does It Mean to Die Intestate?

A person dies intestate when they leave no valid will. Without written instructions from the decedent, Texas law establishes:

• Who qualifies as an heir,
• What percentage each heir receives, and
• How community and separate property are divided.

Even when everyone in the family “agrees,” property cannot legally pass to heirs without probate court involvement, especially when real estate or financial institutions are involved.

Because intestacy can lead to complex or unexpected outcomes, families often turn to our firm to guide them through the legal process and ensure property is transferred correctly.

How Texas Intestate Succession Works

Texas distinguishes between community property and separate property, and the distribution rules differ depending on surviving family relationships.

Community Property

Community property generally includes assets acquired during marriage. Under Texas intestacy law:

• If the decedent is survived by a spouse and only children of that marriage, the surviving spouse typically inherits all community property.
• If the decedent has children from another relationship, the surviving spouse keeps their one-half share, and the decedent’s one-half passes to the children.

Separate Property

Separate property includes assets acquired before marriage or by gift or inheritance.

Distribution varies depending on whether the decedent is survived by:

• A spouse
• Children
• Parents
• Siblings

In many cases, separate property is split between a surviving spouse and the decedent’s children. If no spouse or children exist, property may pass to parents, siblings, nieces, nephews, or more distant relatives.

We help families interpret the Estates Code and calculate shares correctly for their specific family structure.

The Need for a Determination of Heirship

Most intestate estates require the probate court to identify heirs formally through a Proceeding to Declare Heirship. This procedure is often necessary when:

• There is no will
• Real estate must be transferred
• Title companies require court orders
• There are multiple heirs or blended families
• Property ownership is unclear

This process involves:

• Filing an Application to Determine Heirship
• Appointing an Attorney Ad Litem to locate unknown heirs
• Presenting testimony or affidavits to the court
• Obtaining a signed heirship judgment establishing each heir’s share

McCulloch & Miller, PLLC handles every step, ensuring the heirship judgment is properly supported and accepted by financial institutions and title companies.

Intestacy Still Requires Probate

A common misunderstanding is that heirs can simply “take over” property when someone dies without a will. In reality:

• Banks cannot release funds without letters of administration or court orders
• Title companies cannot transfer or insure real estate without probate
• Mineral operators require proper heirship documentation before issuing payments

In most cases, intestate estates must go through:

• Heirship + Independent Administration, or
• Heirship Only, if no administration is required

Our firm helps families determine the correct probate path and provides clear direction at each stage.

Why Work With McCulloch & Miller, PLLC

Intestate estates often involve complicated family dynamics and unclear property histories. We assist by:

• Explaining each heir’s legal rights
• Preparing and filing heirship applications
• Coordinating with the Attorney Ad Litem
• Ensuring Texas title standards are met
• Completing administration when needed

We focus on making the Texas probate process as efficient and predictable as possible.

Speak With a Texas Probate Attorney About Intestate Succession

If your loved one died without a will, we can help you take the next steps. Call McCulloch & Miller, PLLC at (713) 333-8900 to schedule a consultation and learn how Texas intestacy laws apply to your family.