What to do if your parent dies without a will in Texas: claiming your share

This FAQ-style guide explains, in plain language, how to claim your share of a mother’s estate in Texas when she died without a will (intestate). It walks you through the practical steps, what Texas law generally says about who inherits, and ways to get your portion — whether the estate needs a full probate, a small‑estate process, or a simple transfer.

Detailed Answer

1. Confirm Texas intestacy law applies

Intestate succession rules apply when a person died without a valid will and was domiciled in Texas. Texas’s intestacy rules determine who inherits and in what order. For the statutory framework, see Texas Estates Code Chapter 201 (Intestate Succession): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm.

2. Identify likely heirs

Common heirs under Texas law include the surviving spouse, the decedent’s children (and their descendants), parents, and siblings. Who gets what depends on:

• whether the property is community or separate property,
• whether the surviving spouse is also the parent of the decedent’s children, and
• which relatives survive the decedent.

Because Texas is a community‑property state and also recognizes separate property, the distribution can vary. If you need the exact share calculation for your situation, an attorney or probate clerk can help apply Chapter 201 to the facts of the estate.

3. Determine whether probate is required

Not every estate needs a full probate court administration. Options include:

• Small‑estate affidavit: If the estate qualifies, certain assets can transfer without formal administration by using an affidavit procedure. See Texas Estates Code Chapter 205 (Small Estates): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm. That process has dollar limits and timing rules — check the statute or get local clerk guidance.
• Informal or independent administration: For many estates, an independent administration lets an appointed personal representative collect assets, pay bills, and distribute property without ongoing court supervision. If the estate is complex or contested, the court may require dependent (supervised) administration.
• Transfer by asset-specific procedures: Some assets pass outside probate — for example, jointly held property with right of survivorship, payable‑on‑death bank accounts, or beneficiary-designated retirement accounts. Review deeds, account designations, and titles.

4. Practical steps to claim your share

1. Get certified copies of the death certificate. Many banks and title companies require certified copies to release assets.
2. Locate records and documents. Gather bank and investment statements, deeds, title documents, safe‑deposit box information, insurance policies, and tax returns.
3. Check for beneficiary designations and joint ownership. Some assets transfer automatically and never go through probate.
4. Determine whether the estate qualifies as a small estate. If eligible, use the small‑estate affidavit process under Chapter 205 (link above) to collect modest assets without a full probate.
5. If probate seems necessary, file in the proper county court. File an application for appointment of an administrator (often called letters of administration) in the county where your mother lived. The court will appoint someone to administer the estate and distribute property according to Texas intestacy laws.
6. Provide notice to heirs and creditors. The personal representative must notify heirs and publish or post notice to creditors as required. Creditors have time limits to make claims against the estate.
7. If you’re an heir and the administration is under way, request a distribution. If an administrator or independent executor is distributing assets, you can present proof of your status as an heir and request your share. If the administrator refuses, you can ask the court to enforce distribution or remove the administrator.
8. If heirs disagree, consider filing a petition for declaratory relief or partition. The probate court resolves disputes about who inherits, asset classification (separate vs community), and accounting.

5. Timing and costs

Probate timelines vary: small estates can close in a few weeks to months, while contested or complex estates can take a year or more. Court filing fees and potential attorney fees will vary by county and case complexity. If all heirs agree and the assets are straightforward, costs are typically lower.

6. When to get a lawyer

Consult an attorney if:

• heirship is unclear or contested,
• the estate contains complex assets (business interests, out‑of‑state property),
• you suspect fraud, undue influence, or you’re being denied access to assets, or
• you need help with a court filing or understanding how Texas intestacy law (Chapter 201) applies to the facts.

Helpful Hints

• Start by getting several certified death certificates — you’ll need them for banks, title companies, and government agencies.
• Gather records early: account statements, mortgage papers, insurance policies, deeds, and any documents that name beneficiaries or indicate joint ownership.
• Ask the county probate clerk where your mother lived for local forms and procedural guidance. Clerks cannot give legal advice but can tell you which filings the court requires.
• If you qualify for a small‑estate affidavit, that route is often faster and less expensive than full probate; confirm eligibility under Texas Estates Code Chapter 205: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm.
• Keep a written record of communications with the estate’s personal representative and any transfers of assets.
• If multiple heirs exist, try to reach agreement on distributions before court intervention — courts favor settlements and disagreement drives up costs.
• Remember that some assets never go through probate. Check beneficiary designations on life insurance, retirement accounts, and transfer‑on‑death records for bank accounts and securities.

Resources

• Texas Estates Code — Intestate Succession (Chapter 201): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm
• Texas Estates Code — Small Estates (Chapter 205): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm
• Texas Judicial Branch (local probate court information): https://www.txcourts.gov/

Disclaimer: This article is informational only and does not provide legal advice. It does not create an attorney‑client relationship. For legal advice about your specific situation, consult a Texas-licensed attorney.