If your parents do not have a will, you are not alone. Every year, families throughout San Antonio, Bexar County, Medina County, New Braunfels, and surrounding Texas communities find themselves facing difficult legal questions after the loss of a loved one.

 

Many adult children begin searching online for answers such as:

 

• What happens if my parents die without a will in Texas?
• Do children automatically inherit property?
• Can I transfer my parents' house without probate?
• Do I need a probate attorney near me?
• How do I handle my parents' estate?

 

These questions often arise during an already emotional and overwhelming time. Unfortunately, when someone passes away without a will, Texas law—not the family—determines who inherits property and how assets are distributed.

 

At the Law Offices of Thomas G. Bassler, P.C., we help families throughout San Antonio, Bexar County, Medina County, and New Braunfels understand their options after the loss of a loved one. As a family-run law firm serving the community since 1988, we believe legal guidance should be straightforward, compassionate, and easy to understand.

 

What Happens If Someone Dies Without a Will in Texas?

 

When a person dies without a valid will, Texas law considers them to have died "intestate."

 

Instead of following the person's wishes, the estate must be distributed according to Texas intestate succession laws. These laws determine who inherits property, who has legal rights to assets, and whether probate will be required.

 

Many people assume that everything automatically goes to a spouse or children. In reality, inheritance laws can be much more complicated, especially when blended families, multiple heirs, separate property, or real estate are involved.

 

This is one reason why estate planning attorneys strongly encourage every adult to have a valid will and estate plan in place.

 

Who Inherits If There Is No Will?

 

One of the most common questions families ask is:

 

"Do children automatically inherit everything if there is no will?"

 

The answer depends on the family situation and the type of property involved.

 

If There Is a Surviving Spouse

 

A surviving spouse may inherit some or all of the estate depending on:

 

• Whether assets are community property or separate property
• Whether there are children from previous relationships
• The ownership structure of certain assets

If There Is No Surviving Spouse

 

Children are generally next in line to inherit.

 

If a child has passed away before the parent, that child's share may pass to grandchildren.

 

If There Is No Spouse or Children

 

Texas law establishes a hierarchy that may include:

 

• Parents
• Siblings
• Nieces and nephews
• Extended family members

Because every situation is unique, speaking with a probate attorney can help families understand exactly who may inherit under Texas law.

 

Does Everything Have to Go Through Probate?

 

Families frequently ask whether probate is always required after a loved one passes away.

 

The answer is: not necessarily.

 

Some assets may pass outside of probate, including:

 

• Life insurance policies with named beneficiaries
• Retirement accounts
• Payable-on-death bank accounts
• Certain jointly owned property
• Assets held in a trust

However, many estates still require some form of probate before ownership can legally transfer.

 

An experienced San Antonio probate attorney can review your circumstances and help determine the most efficient legal path forward.

 

What Happens to My Parents' House?

 

For many families, the family home is the most valuable asset left behind.

 

Questions often include:

 

• Can I inherit my parents' house?

• Can I sell the property immediately?

• Do I need probate before transferring ownership?

• What if there are multiple heirs?

Without proper legal authority, transferring or selling inherited real estate can become difficult.

 

If your family is dealing with inherited property, speaking with a property lawyer in San Antonio or a probate attorney can help avoid title issues and costly mistakes.

 

Families Throughout San Antonio, Bexar County, Medina County, and New Braunfels Face This Situation Every Day

 

Many families first contact our office after searching online for:

 

• Probate attorney near me
• Probate lawyer near me
• Estate planning attorney near me
• San Antonio probate attorney
• Probate attorney San Antonio
• Bexar County probate lawyer
• Medina County probate attorney
• New Braunfels probate lawyer
• Estate planning lawyer San Antonio
• Wills and trusts lawyer near me

Whether your loved one lived in San Antonio, Alamo Heights, Terrell Hills, Olmos Park, Medina County, New Braunfels, or another nearby community, Texas probate laws can affect how property is transferred and who ultimately inherits assets.

 

The sooner families understand their options, the easier it is to avoid delays, confusion, and unnecessary expenses.

 

Common Problems Families Face When There Is No Will

 

When parents pass away without a will, families often face challenges that could have been avoided through proper estate planning.

 

These issues may include:

 

Family Disagreements

Relatives may have different expectations about inheritance.

 

Probate Delays

The probate process often becomes more complicated when there is no will.

 

Additional Expenses

Court costs, administrative expenses, and legal fees can increase.

 

Real Estate Transfer Issues

Property ownership may become unclear without proper documentation.

 

Emotional Stress

Families are forced to make difficult decisions while grieving.

 

A properly drafted will can often prevent many of these challenges.

 

Why Every Parent Should Have a Will

 

Many parents believe they do not need a will because they trust their children or because they do not consider themselves wealthy.

However, a will does far more than distribute money.

 

A will can help:

 

• Protect loved ones
• Simplify probate
• Reduce family conflict
• Clarify inheritance wishes
• Provide peace of mind

Even a relatively simple estate can benefit from a professionally prepared estate plan.

 

Frequently Asked Questions

 

What happens if my parents die without a will in Texas?

Texas intestate succession laws determine who inherits assets. The estate may also need to go through probate before property can be transferred.

 

Do I need a probate attorney near me if my parent died without a will?

Many families benefit from consulting a probate attorney to determine whether probate, a Small Estate Affidavit, or another legal process may be appropriate.

 

Can a San Antonio probate attorney help transfer my parents' house?

Yes. A probate attorney can help determine ownership rights, resolve title issues, and guide families through the legal transfer process.

 

Is there an estate planning attorney near me who can help my parents create a will?

An experienced estate planning attorney can help your parents create a customized plan that may include a will, trust, powers of attorney, and other important documents.

 

Do children automatically inherit a parent's property?

Not always. Texas inheritance laws determine who inherits based on family relationships and the type of property involved.

 

How long does probate take in Texas?

The timeline varies depending on the complexity of the estate, whether there is a will, and the type of probate proceeding required.

 

Talk With a San Antonio Estate Planning and Probate Attorney

 

If your parents do not have a will, now is the time to start the conversation. A properly prepared estate plan can save your family significant stress, expense, and uncertainty in the future.

 

Whether you are searching for an estate planning attorney near me, a probate attorney near me, a San Antonio estate planning lawyer, or a trusted probate attorney serving Bexar County, Medina County, or New Braunfels, the Law Offices of Thomas G. Bassler, P.C. is here to help.

 

Since 1988, our family-run firm has guided individuals and families throughout San Antonio, Alamo Heights, Terrell Hills, Olmos Park, Bexar County, Medina County, New Braunfels, and surrounding communities through estate planning and probate matters with clarity and compassion.

 

We offer free consultations and direct access to an attorney—not a call center or intake service. You'll receive straightforward answers, practical guidance, and a clear understanding of your options.

 

Call the Law Offices of Thomas G. Bassler, P.C. today at 210-826-8885 to schedule your free consultation and speak directly with an experienced San Antonio estate planning and probate attorney.