What to do if my father passed without a Will and no one has been appointed to administer his estate?

Asked on March 17, 2014 under Estate Planning, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Sorry to hear about your father.

You can file a petition with the Probate Court to have an executor appointed to administer his estate.

Since your father did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, if your father had a surviving spouse, she would inherit the entire estate.  If there wasn't a surviving spouse, the estate will be divided equally among the surviving children.  If there is a deceased child who had children (your father's grandchildren), those grandchildren will inherit the share of the estate that their deceased parent would have inherited if that parent had survived.

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