What Happens If You Die Without a Will in Texas?

Episode Summary
Dying without a will in Texas—known as dying “intestate”—can leave your loved ones facing costly, time-consuming, and stressful legal processes. In this episode, Riley Hetherington explains how intestacy works under Texas law, what the probate court does when there’s no will, and why planning ahead can save families from unnecessary conflict and expense.

What You Will Learn in This Episode
-The legal meaning of “dying intestate” in Texas
-How the Texas Estates Code determines heirs and administrators
-The role of heirship proceedings and why they’re so costly
-What escheat means and when property can go to the state
-Why intestate estates often lead to family disputes and litigation
-The difference between community and separate property for blended families
-How beneficiary designations (401ks, IRAs, life insurance) interact with wills
-Why even simple wills help you maintain control and prevent chaos

Key Timestamps
00:01:20 – The 10-to-1 rule: Why dying without a will costs more
00:03:00 – How heirship proceedings work in Texas probate
00:05:00 – When property can escheat to the state
00:07:30 – Attorney ad litem and finding unknown heirs
00:09:15 – Common disputes: contested heirship, common law spouses, stepchildren
00:11:20 – Why beneficiary designations must match your estate plan
00:13:40 – Coordinating wills and non-probate assets for full protection

About the Show
Texas Probate Made Simple is a podcast designed to take the confusion and stress out of probate. Hosted by attorney Riley Hetherington, each episode breaks down Texas probate law into clear, practical steps families can actually use. From wills and intestacy to beneficiary designations and blended family issues, Riley explains how to avoid costly mistakes, protect your loved ones, and plan with peace of mind. Whether you’re preparing in advance or navigating probate after a loss, this show gives Texans the knowledge and tools to make the process easier.

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