Spring, TX estate planning & probate attorney Christine Butts shares how she can help clients with probate even if they don’t have a will. She notes that it is quite common for people to pass away without a will. Estates that do not have a will are referred to as “intestate,” and in those cases, Texas imposes a plan through intestate administration. It’s not that the decedent lacked a plan entirely; rather, the state of Texas determines how the estate will be distributed.

She explains that the Texas plan is carried out through an heirship process. During this process, a judge appoints an attorney ad litem who investigates the decedent’s affairs and family history. This attorney then determines who the heirs are and what shares of the estate they are entitled to receive. The entire process, from appointment to distribution, is what constitutes intestate administration in Texas.