Texas Probate Made Simple

What Happens If You Die Without a Will in Texas?

Episode SummaryDying 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 more00:03:00 – How heirship proceedings work in Texas probate00:05:00 – When property can escheat to the state00:07:30 – Attorney ad litem and finding unknown heirs00:09:15 – Common disputes: contested heirship, common law spouses, stepchildren00:11:20 – Why beneficiary designations must match your estate plan00:13:40 – 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.

The Benefits of Having a Will in Texas

Episode Summary
In this episode of Texas Probate Made Simple, Riley Hetherington explains why creating a will is one of the most important steps you can take in estate planning. Riley covers what a will does under Texas law, how it simplifies probate, prevents family disputes, and why not having a will can be ten times more costly and stressful. He also highlights blended family considerations, guardianship for children and pets, and the legal requirements for a valid will in Texas.
What You Will Learn in This Episode
The three key functions of a valid will in Texas
Why every adult should have a will—even at age 18
How a will reduces probate costs, delays, and stress for families
The KISS principle applied to wills: Knowledge, Instructions, Selection, Settlement
What happens when someone dies without a will in Texas
How blended families and stepchildren affect inheritance under Texas law
Using wills to name guardians for children and even pets
Requirements for a valid holographic and non-holographic will in Texas
How often you should review and update your will
Key Timestamps
01:20 – What a will actually does under Texas law03:15 – Who needs a will and when to create one05:00 – How a will simplifies the probate process06:45 – Preventing family disputes through proper estate planning08:30 – What happens if someone dies without a will in Texas10:15 – Blended families, stepchildren, and inheritance challenges12:00 – Naming guardians for children and pets in your will13:20 – Requirements for a valid will in Texas15:00 – How often you should review and update your will
 
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.

What to Bring to Your First Probate Consult

Episode Summary
In this episode of Texas Probate Made Simple, Riley Hetherington explains why the first probate consultation is such a critical step for families and what documents, information, and preparation will make the process smoother. From locating an original will to organizing financial records, real estate deeds, and digital assets, Riley outlines how to approach the first meeting with clarity and confidence.
What You Will Learn in This Episode
Why the first probate consultation sets the tone for the entire process
How to apply the KISS principle to reduce stress and confusion
The importance of bringing the original will—or proof of due diligence if it cannot be found
What to gather if there is no will, including family tree information and heir details
Key financial, real estate, and debt documents that help streamline probate
How digital assets and passwords impact modern probate planning
What to expect after the first meeting, including engagement agreements and communication plans
Key Timestamps
01:30 – Why the first probate consult matters for both clients and professionals03:15 – Applying the KISS principle: Know, Investigate, Specify, Select05:00 – What to bring if a loved one had a will07:10 – Steps to take if there is no will and how to show due diligence08:40 – Financial records, real estate deeds, and creditor information to collect10:15 – Challenges of digital assets and why secure storage matters12:30 – Importance of a family tree and heirship information when no will exists14:00 – What happens during and after the first meeting
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.

How Probate Works in Texas

Episode Summary
In this episode of Texas Probate Made Simple, Riley Hetherington breaks down the probate process in Texas and explains how families can navigate it with less stress and expense. Using the KISS principle—Keep It Simple, Stupid—Riley outlines the key steps every family should know, the difference between independent and dependent administration, and which assets do and don’t pass through probate. He also highlights the critical role of beneficiary designations and how professionals can make the process easier during a difficult time.
What You Will Learn in This Episode
The definition of probate and when it is required in Texas
The KISS principle and how it applies to probate planning
Key differences between independent and dependent administration
When a court hearing is required and how Zoom hearings have changed the process
Who is responsible for handling the estate during probate
The distinction between probate and non-probate assets
Why keeping beneficiary forms updated is essential
How professionals can ease the burden on grieving families
Key Timestamps
00:56 – What probate means and when it applies in Texas02:30 – The KISS principle explained: Know, Initiate, Schedule, Survey04:55 – Independent vs. dependent administration07:20 – Court hearings and how Zoom has streamlined the process09:15 – Who handles the estate during probate10:20 – Probate vs. non-probate assets and common examples13:45 – Why beneficiary designations matter more than people realize15:00 – The emotional stress of probate and how professionals can help families
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.