Short answer

In Texas, what happens after someone dies without a will depends on how each asset is titled. Assets titled with a surviving co-owner or a named beneficiary generally pass outside probate to that person. Property that is solely in the decedent’s name usually goes through probate and is distributed according to Texas intestacy law. Community‑property rules also affect distribution for married couples. For the law governing intestate distribution, see the Texas Estates Code: Intestate Succession (Chapter 201): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm.

Detailed answer — step‑by‑step guide

1. Determine how the asset is titled

The first question for any bank account or piece of property is: how is it titled?

• Joint account or jointly titled property with right of survivorship: If the title or deed expressly creates a right of survivorship, the surviving joint owner typically becomes sole owner immediately upon the other owner’s death. These assets usually avoid probate.
• Payable‑on‑death (POD) or Transfer‑on‑death (TOD) designations: Accounts or securities with a valid beneficiary designation pass directly to the named beneficiary outside probate.
• Community property: Texas is a community‑property state. For married couples, many assets acquired during marriage are community property. On death, the decedent’s one‑half of community property may be governed by intestacy rules if there is no will, while the surviving spouse already owns the surviving one‑half. Some couples use a deed stating “community property with right of survivorship” so the decedent’s half passes automatically to the surviving spouse.
• Solely titled property without beneficiary designation: That property generally becomes part of the decedent’s probate estate and is distributed under Texas intestacy law.

2. What banks and financial institutions will do

When you notify a bank of a customer’s death, the bank will require a certified copy of the death certificate and will review its account documents. If an account is jointly owned with a named surviving co‑owner or has a valid POD/TOD beneficiary, the bank will usually release funds to that person after verifying identity and paperwork. If no co‑owner or beneficiary exists, the bank will freeze the account and require probate or an affidavit process to release funds.

3. What happens in probate if there is no survivorship or beneficiary

Property that must go through probate becomes part of the decedent’s estate. The probate court (or an administrator appointed by the court) will identify heirs, pay valid debts and taxes, and distribute remaining assets according to Texas’s intestacy rules. The court follows statutory priorities when deciding who inherits; those rules are found in the Texas Estates Code, Chapter 201: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm.

4. Small estate alternatives and affidavits

Texas provides simplified procedures in some limited situations so heirs can collect certain assets without full probate (for example, small estate affidavit procedures or collection by affidavit for certain personal property). Whether you qualify depends on the type and value of property and the existence of other claims. If the estate is small and no administration is pending, financial institutions sometimes accept an affidavit and death certificate to release funds.

5. Effects of marriage and community property

Because Texas is a community‑property state, the surviving spouse typically owns the surviving one‑half of community property automatically. The decedent’s half may pass to the surviving spouse or to other heirs under intestacy rules depending on the family situation and character of the assets. If real property was deeded as “community property with right of survivorship,” it will likely pass to the surviving spouse outside probate. Check the deed language.

6. Creditors and debts

Even when an asset passes directly to a joint owner or beneficiary, creditors may still have claims against the decedent’s estate. Probate administration (or an appointed administrator) is often necessary to properly notify creditors and address valid claims before final distributions are made.

7. Practical examples (hypotheticals)

• Joint bank account titled “Alice and Bob, joint with right of survivorship” — If Alice dies, Bob becomes sole owner and can access the funds after presenting the death certificate and identification.
• Bank account titled “Alice, payable on death to Carol” — When Alice dies, the bank pays Carol directly to the extent the designation is valid, and the account bypasses probate.
• House titled solely in Alice’s name (no survivorship language) — The house becomes part of Alice’s probate estate. If Alice left no will, the court will distribute it under Texas intestacy rules after administration and creditor claims are resolved.
• Married couple bought a condo during marriage and deeded it as “community property with right of survivorship” — On one spouse’s death, the surviving spouse typically receives full title without probate.

Helpful hints — what to do next

1. Obtain several certified copies of the death certificate early; banks and agencies require them.
2. Collect original account statements, deed records, title documents, and beneficiary designations.
3. Check county real‑property records for deed language (look for “right of survivorship” or “community property with right of survivorship”).
4. Contact each bank or financial institution to learn their procedures and required paperwork.
5. If property will go through probate, consult a probate attorney or the county probate court to start administration if needed.
6. Don’t distribute estate assets until creditors are addressed or you have legal authority to do so—doing so can create personal liability.
7. If you’re unsure whether an account was intended as a gift to a joint owner, keep records and, if necessary, consult a lawyer; courts sometimes look behind titles to determine intent.
8. If the estate is small, ask whether simplified affidavit procedures apply before starting full probate—this can save time and costs.