Probate with a valid will generally proceeds testate. It allows the decedent’s will to control the terms of administration, chiefly who inherits property and who is appointed to distribute that property to heirs/beneficiaries.
A person who dies without a will dies intestate; meaning their estate will be subject to heightened court oversight and distributions will follow a rigid legal formula rather than the decedent’s wishes.
Who Manages the Estate
A valid will typically names an executor, someone the deceased specifically chose to manage the affairs of the estate. Once the court admits the will to probate, that appointed person receives “Letters Testamentary,” authorizing them to act on the estate’s behalf. The person acts with minimal ongoing court supervision.
Without a will, there’s no one named to serve. Accordingly, the probate court appoints an administrator to manage the estate. Texas law establishes a priority order for who can serve, generally starting with the surviving spouse or other heirs. The person filling this role is often someone the deceased may not have chosen themselves. Administrators typically operate under closer court supervision than an independent executor, especially if the estate involves disputes among heirs.
How Property Gets Distributed
A will lets the deceased decide which beneficiaries receive which property, in whatever proportions they choose. This includes gifts to friends, charities, or anyone outside the family. The court merely confirms the will is valid and sees that its terms are carried out.
Without a will, property passes according to Texas’s intestate succession rules, which follow a fixed formula based on marital status, children, and other surviving relatives. These rules don’t account for a deceased person’s actual wishes; they are based more on how the law believes the average person would distribute their property.
Stepchildren, close friends, and unmarried partners are not entitled to any property under intestate law. Instead, formula-based shares are divided among legal relatives.
Timeline and Cost
Probate with a valid, uncontested will is usually a more streamlined process because it doesn’t require ongoing reports to or intervention from the court. Many estates with a will can also qualify for a simplified “muniment of title” proceeding when there are no outstanding debts, which allows real property to pass directly to beneficiaries without the need for additional probate proceedings.
Intestate estates often take longer to resolve. Identifying all legal heirs sometimes requires a separate court proceeding. There is also more opportunity for disagreement among heirs, given that there is no will to specify the decedent’s wishes. These disputes can extend the timeline and increase costs.
Guardianship for Minor Children
A will can name a guardian for minor children and give the court a clear, documented preference to consider if both parents are unavailable. Without a will, the court decides who raises the children based on its own assessment of their best interests, which may not be consistent with who the parents would have chosen.
Speak to a Probate Attorney to Learn More About the Probate Process
If your loved one died with or without a will, the probate process is generally what comes next. An experienced Houston estate planning attorney can help you understand which situation applies to your family and guide you through the process. Contact Porter Law Firm for a confidential consultation to learn how we can help.