What Happens When Someone Dies Without a Will in Bexar County?

When a loved one dies without a will in Bexar County, the family is left to figure out what happens next. Texas law has a clear process for these situations, but it is not always the process families expect. The court follows a fixed set of rules to determine who inherits, and those rules may not match what the deceased would have wanted. San Antonio Probate Attorney Kyle Robbins explains what Bexar County families need to know when someone dies intestate and how to move the estate forward.

Key Takeaways

• Dying without a will is called dying “intestate.” Texas law, not the deceased’s wishes, controls who inherits under Tex. Est. Code § 201.001.
• The state does not take the estate. A surviving spouse, children, parents, or other relatives will inherit based on a fixed legal formula.
• A surviving spouse does not automatically inherit everything. When children are involved, especially from a prior relationship, the split can be more complex than families expect.
• Probate is still typically required. You usually need court approval to transfer titled assets like real estate and vehicles, even without a will.
• Bexar County families have options. Depending on the assets, alternatives like affidavits of heirship or small estate affidavits might be available.
• Court filing fees for intestate proceedings in Bexar County run approximately $460 to $515 per the January 2025 Bexar County Clerk schedule, separate from attorney fees.

What “Dying Intestate” Means Under Texas Law

Under Texas Estates Code Section 201.001 (Tex. Est. Code § 201.001), when a person dies without a valid will, their estate is considered “intestate.” That word simply means the deceased left no legally enforceable instructions about who should receive their property. As a result, the state applies a fixed distribution formula rather than honoring any informal wishes the person may have expressed.

This is not a rare situation in Bexar County. With a population of over 2 million and 14.3% of residents aged 65 or older, intestate estates are filed in the Bexar County Probate Courts on a regular basis. Many people intend to create a will but never get around to it. Others have a will that does not meet Texas execution requirements and is therefore invalid.

One of the most important things to understand is what intestacy does not mean. The state of Texas does not inherit the estate simply because there is no will. Instead, the law identifies the closest living relatives and distributes the estate among them in a specific order. The first question the court must answer is who the legal heirs are and in what shares they inherit.

How Texas Intestacy Law Determines Who Inherits

Texas intestate succession follows a priority order set out in Tex. Est. Code § 201.001. The law starts with the closest relatives and works outward:

• Surviving spouse and children (the most common situation)
• Parents, if there is no spouse or children
• Siblings, if there are no parents
• More distant relatives, if no closer heirs exist

The distribution is not always straightforward, particularly when community property and separate property are involved. Texas is a community property state, which means property acquired during the marriage generally belongs equally to both spouses. Separate property is what each spouse owned before the marriage or received as a gift or inheritance during the marriage.

Here is where many families are surprised. If the deceased was married with children who are also the biological children of the surviving spouse, the surviving spouse inherits all community property, one-third of the separate personal property outright, and a life estate in an undivided one-third of the separate real property (land). The children inherit the remaining two-thirds of the separate personal property and the remainder of the separate real property.

However, if the deceased had children from a prior relationship, the surviving spouse does not inherit any of the deceased’s share of the community property. Those children inherit it instead. This distinction matters enormously in Bexar County, where the median home value is $262,200 and 58.8% of residents own their homes. Real property is often the most significant asset at stake, and getting the distribution wrong has lasting consequences.

The court’s job in an intestate proceeding is to formally identify the heirs before any distribution can occur. That formal identification is called a Determination of Heirship, and it is the starting point for most intestate estates in Bexar County. For a closer look at the succession order and how it applies to different family structures, the intestate succession practice area page walks through the rules in detail.

The Bexar County Probate Process When There Is No Will

Even without a will, probate is typically required to transfer titled assets. Real estate, vehicles, and bank accounts held in the decedent’s name alone cannot simply be transferred to heirs without a court order or a recorded legal document. The process begins with a filing at one of Bexar County’s three statutory probate courts: Court No. 1, Court No. 2, or Court No. 3, all located at the Bexar County Courthouse, 100 Dolorosa, San Antonio, TX 78205. Because Bexar County has statutory probate courts, the constitutional county court does not hear probate matters here.

The primary proceeding for an intestate estate is a Determination of Heirship. An attorney files an application with the court, and the court appoints an attorney ad litem. Under Tex. Est. Code § 202.009, the court is legally mandated to appoint an attorney ad litem to represent the interests of unknown or incapacitated heirs in heirship proceedings. This appointed attorney investigates the family history, identifies all potential heirs, and reports findings to the judge. A hearing is then held, and the court issues an order formally declaring who the heirs are and in what shares they inherit. This order is what allows title to transfer.

Filing fees at the Bexar County Clerk Probate Division are set by the January 2025 fee schedule. An Application for Declaration of Heirship costs approximately $460. A combined Administration and Declaration of Heirship costs approximately $515. Letters of administration are $2 each, and certified copies are $5 plus $1 per page. These are court costs only, separate from attorney fees. For intestate independent administration in Bexar County, the typical timeline runs 8 to 14 months, depending on court docket and estate complexity. For a broader overview of how the local process works, the Bexar County probate process guide covers the procedural steps in detail, and the independent administration page explains how that form of administration works once heirship is established.

“Families often come to us assuming that because there is no will, the process must be simpler. In reality, the court has to do the work the will would have done by identifying the heirs, determining their shares, and authorizing someone to manage the estate. That takes time, and skipping steps creates problems down the road.”, San Antonio Probate Attorney Kyle Robbins

Alternatives to Full Probate for Intestate Estates in Bexar County

Not every intestate estate requires full administration. Depending on what the estate holds and whether all heirs are in agreement, Bexar County families may have access to faster and less expensive options.

Affidavit of Heirship

An affidavit of heirship is a recorded document that establishes title to real property without a court proceeding. Two disinterested witnesses who knew the deceased sign the affidavit, which is then recorded in the county deed records. This approach works best when the estate is primarily real estate, all heirs agree on the distribution, and there are no contested claims. It does not require a court filing, but it is not without risk. An affidavit of heirship can be challenged by creditors or other claimants, and title companies may require a waiting period before they will insure a transaction based on one.

Small Estate Affidavit

Under Tex. Est. Code § 205.001, a small estate affidavit is available when the value of the estate assets (excluding the homestead and exempt property) does not exceed $75,000 and no formal probate proceeding is pending. The filing fee at the Bexar County Clerk is approximately $360. This option is faster than full administration, but it has a critical limitation. It generally does not transfer real property titled solely in the decedent’s name. However, there is an important exception under Tex. Est. Code § 205.006. An SEA can transfer title to a homestead if it is the only real property in the estate and is inherited by a surviving spouse or minor child who was residing in the homestead. The small estate affidavit page explains eligibility requirements and what the process looks like in Bexar County.

Informal Community Administration

A surviving spouse may have the option to informally administer community property without a full court proceeding in certain circumstances. This is a narrower option and depends on the specific facts of the estate.

“Choosing the wrong procedure is one of the most common and costly mistakes families make in intestate estates. A small estate affidavit filed when the estate includes non-homestead real property, or an affidavit of heirship recorded when there is a creditor dispute, can cost far more to unwind than a proper consultation at the start would have.”, San Antonio Probate Attorney Kyle Robbins

What Happens to Bank Accounts, the Family Home, and Other Assets

The most common questions families have after an intestate death involve specific assets: the house, the bank accounts, and anything else with a title or a beneficiary designation.

Bank accounts fall into two categories. Accounts with a named payable-on-death (POD) beneficiary pass outside of probate entirely. The beneficiary presents a death certificate to the bank, and the funds are released directly. Accounts without a beneficiary designation are a different matter. Banks will not release funds from an account held solely in the decedent’s name without letters of administration from the probate court. Many San Antonio families are surprised to find that even a modest checking account requires a court proceeding before the bank will act.

San Antonio’s large military community adds another layer. Many local estates include USAA banking, investment, or life insurance accounts. USAA accounts often have beneficiary designations already in place, which would allow those assets to pass outside probate. However, families should verify this before assuming. A beneficiary designation that was never updated after a divorce or remarriage can send funds to an unintended recipient, and that outcome is difficult to reverse.

The family home requires particular attention. Real property titled solely in the decedent’s name cannot transfer to heirs without either a court order from a heirship proceeding or a properly recorded affidavit of heirship. In Bexar County, where the median home value is $262,200, this is often the most significant asset in an intestate estate. Heirs who want to sell, refinance, or simply transfer the home into their own names must resolve the title issue first. The transfer-on-death deed blog post is a useful resource for families thinking about how to avoid this problem in their own estate planning going forward.

Account types that generally avoid probate include POD bank accounts, accounts held in joint tenancy with right of survivorship, IRAs and retirement accounts with named beneficiaries, and life insurance policies with named beneficiaries. These pass by contract, not by the probate court’s order.

Cost and Timeline: What Bexar County Families Should Expect

Bexar County families deserve honest, concrete information about what intestate probate costs and how long it takes. The median household income in Bexar County is $72,341, and cost is a real factor in how families approach these decisions.

Court filing fees are set by the Bexar County Clerk and are current as of the January 2025 fee schedule. Most intestate filings run:

• Application for Declaration of Heirship: approximately $460
• Combined Administration and Declaration of Heirship: approximately $515
• Letters of administration: $2 each
• Certified copies: $5 per document plus $1 per page

These are court costs only. Attorney fees are separate. At San Antonio Probate Attorney, intestate independent administration starts at $13,800+ as a flat fee. That is a starting price. The exact figure is confirmed in a free consultation before any work begins. Court costs are separate. Contested or dependent administration matters are billed at $595 per hour for attorney time. For more detail on what drives probate costs in Bexar County, the probate costs in Bexar County guide breaks down the full picture.

Timeline for intestate independent administration in Bexar County typically runs 8 to 14 months. A standalone heirship proceeding with no administration may resolve faster, depending on the court docket and whether any heirs are in dispute. Court docket, estate complexity, and family circumstances all affect how long the process takes.

One important clarification: Tex. Est. Code § 256.003 sets a four-year deadline to probate a will, but that deadline does not apply to intestate proceedings. There is no equivalent hard cutoff for heirship proceedings. However, delay in an intestate estate creates real, practical problems. Heirs cannot sell or refinance real property, banks will not release funds, and creditors may complicate the estate the longer it sits unresolved. Waiting does not make the process easier.

Do You Need a Probate Attorney to File in Bexar County?

The Bexar County Probate Courts publish a Court Policy Regarding “Pro Se” Applicants, and it is strict. An applicant for letters testamentary, letters of administration, or a determination of heirship must be represented by a licensed attorney. Because an executor or administrator represents the interests of third parties, the beneficiaries and the creditors, filing without counsel is the unauthorized practice of law and the court will not allow it. Pro se filing is confined to small estate affidavits and muniment of title in narrow circumstances, plus the sole-beneficiary exception the Texas Supreme Court recognized in Suday v. Suday, 716 S.W.3d 586 (Tex. 2025). Beyond that filing rule, working through these courts involves formal proceedings with strict pleading requirements, notice rules, and evidentiary standards.

If you file a defective application or miss a notice deadline during a Determination of Heirship, the court will reset your hearing. This adds weeks or months to the timeline and leaves estate assets frozen.

For families looking for the most cost-effective path, alternatives like the small estate affidavit (for estates with assets under $75,000) or an affidavit of heirship are available when the estate qualifies. Just remember that a small estate affidavit cannot transfer non-homestead real property.

“Many families try to file heirship applications on their own to save money, only to have their hearings delayed because of a missed procedural step. Fixing a mistake halfway through the process usually costs more than a consultation at the start.”, San Antonio Probate Attorney Kyle Robbins

For an estate with a home and straightforward assets, getting the procedure right the first time protects the family’s inheritance and minimizes court delays.

Intestate estates in Bexar County require careful attention, and the stakes are often high. At San Antonio Probate Attorney, Bexar County probate is all we do. Probate attorney Kyle Robbins works with families across San Antonio who are dealing with intestate estates ranging from a single piece of real property to more complex situations involving multiple heirs, out-of-state family members, and military-affiliated accounts. The goal is always the same: move the estate forward efficiently, protect the heirs’ interests, and make a difficult process as manageable as possible.

This article is for informational purposes only and does not constitute legal advice. Every probate situation is unique. Consult with a qualified probate attorney about your specific circumstances.

Pricing Note: Any fees and price ranges shown are estimates based on typical cases. Actual costs vary depending on your unique circumstances, asset complexity, and family situation. Contact Kyle Robbins at the San Antonio Probate Attorney office for an exact quote.