Houston, Texas – Attorney Whitney L. Thompson of The Law Office of Whitney L. Thompson, PLLC (https://www.wthompsonlaw.com/the-process-of-settling-an-estate-in-absence-of-a-will/), is providing clear guidance for families navigating intestate estates in Harris County, emphasizing practical steps, court requirements, and timelines that affect heirs when no will exists. As a Houston estate planning lawyer, Thompson outlines what happens when a will is missing or later discovered, the four-year Texas deadline to admit a will to probate, and the court’s process for appointing an administrator in the absence of a named executor.
Recent survey data underscores the need for planning. Fewer than one-third of Americans report having a will, with estimates near 32 percent in 2024 and 24 percent in 2025. Young adults ages 18 to 34 are the only group that has not declined since 2020, rising from roughly 16 percent in 2020 to 24 percent in 2024, with many citing health events as a motivator. A Houston estate planning lawyer can help reduce the administrative and financial strain that intestacy places on surviving relatives and can advise on the narrow “not in default” exceptions if a will is found after death.
When a loved one dies without a will in Houston, cases proceed in the Harris County Probate Courts. The court determines heirs and appoints a personal representative to collect assets, notify creditors, file inventories, pay valid debts and taxes, and distribute the remainder. In straightforward Harris County matters, intestate administrations often conclude in 8 to 12 months. Timelines extend when there are disputes, missing heirs, heirship investigations with an attorney ad litem, multiple properties, or ancillary probate for out-of-state real estate. Effective March 14, 2025, Harris County Probate Courts require a $750 deposit toward attorney ad litem fees in heirship and guardianship cases, typically paid before a hearing is set. A Houston estate planning lawyer can prepare filings, coordinate witnesses, and keep matters moving on the court’s calendars.
Texas procedure is structured and evidence-driven. The process begins with an Application to Determine Heirship and for Letters of Administration, followed by notice and a hearing. Two disinterested witnesses typically testify regarding family history so the judge can declare heirs under the Texas Estates Code. After the oath and any required bond, the clerk issues Letters of Administration, enabling the administrator to marshal assets, publish notice to unsecured creditors, send notice to secured and known claimants, file an Inventory, Appraisement, and List of Claims or an affidavit in lieu, safeguard property, liquidate assets if needed, satisfy approved expenses and taxes, and distribute to heirs before closing. If a will surfaces later, Texas generally allows four years from the date of death to admit it to probate. Applicants file in the county of the decedent’s residence, which for Houston-area cases means Harris County.
Representation questions can be nuanced. The court’s priority often begins with a surviving spouse or registered domestic partner, followed by adult children, then parents and other next of kin. Adopted children inherit from adoptive parents on the same basis as biological children. Stepchildren not adopted and foster children usually do not inherit under intestacy. Posthumous children, children adopted by a stepparent under certain statutes, and children born outside marriage may inherit as provided by law. If no legal heirs are identified after reasonable effort, assets may escheat to the state. Throughout these determinations, a Houston estate planning lawyer can help families understand roles, evidentiary requirements, and filing accuracy to avoid avoidable delay.
About The Law Office of Whitney L. Thompson, PLLC:
The Law Office of Whitney L. Thompson, PLLC is a Texas law firm serving clients in Houston, Bay City, and surrounding communities, including Spring, The Woodlands, Cypress, Katy, and Clear Lake. The firm handles estate planning, probate, intestacy, guardianship, and related matters involving real property and creditor claims. Attorney Whitney L. Thompson provides structured guidance from initial filings through final distribution. For consultations, call (281) 214-0173 to request an appointment.
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Company Name: The Law Office of Whitney L. Thompson, PLLC
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Phone: (281) 214-0173
Address:4201 Farm to Market 1960 Rd W Suite 360, Box #116B
City: Houston
State: Texas 77068
Country: United States
Website: https://www.wthompsonlaw.com/