Generally, the steps to probating an intestate estate are as follows:
When a loved one dies without a valid will, we are here to help. Probate of an intestate estate is generally more complex, costly and time consuming than probate of a valid will. However, we can help make this as quick as possible.
- First, we help the family determine whether a probate proceeding is required to turn over title to assets. If probate is required, then a legal heir of the estate usually applies to probate the estate.
- File the probate application with the court, including an application to determine the heirs of the deceased. The attorney creates these documents and files them.
- Ask known heirs to waive notice and consent to the administration. If they do not consent and waive notice, then we must provide them proper notice of the heirship.
- Provide notice of the proceeding to any unknown heirs by publication. It does not matter if the client does not believe there are unknown heirs; this process is required.
- Request that the court appoint an attorney ad litem to represent any unknown heirs (as required by law). Give this attorney relevant information to help determine the correct heirs. Legal counsel works with the applicant to determine what is needed here.
- Provide the attorney ad litem access to two disinterested witnesses who knew the deceased. These people must have personal knowledge on the deceased person’s heirs, among other things. They will testify at the hearing.
- When the attorney ad litem is ready, we request a hearing with the court. Most counties allow probate hearings by Zoom. The witnesses and applicant all must appear at the hearing.
- Attend the hearing with the applicant, two witnesses and attorney ad litem. Question the applicant and witnesses. Request that the court declare the heirs of the decedent. Request that the court give the applicant the right to administer the estate pursuant to Texas laws of intestate descent and distribution and the order declaring heirship of the decedent.
- We assist administrators of intestate estates with their duties.
Contact Us
If you find yourself in need of assistance with an intestate estate or wish to take proactive steps to avoid probate for your family, contact us today. We are here to help guide you through every step of the process, ensuring your loved ones are supported and your assets are handled according to the law.