How is probate handled when someone dies intestate?

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How is probate handled when someone dies intestate?

My uncle died without a will. He does have one surviving sister and brother. He also has an adopted child but has not been in contact with her for decades. Who handles probate of the will no that it is considered intestate.

Asked on August 6, 2018 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  So your question asks about dying intestate (without a Will) and then about the probate OF a Will, so it is confusing.  If he had a Will then the names Executor offers it for Probate by filing a Probate Petition.  If he died Intestate (without a Will)  then while there are relatives that may have priority to file for Administration of the estate, any relative can step up to the plate here.  If he has a legally adopted daughter she will inherit everything under intestate.  She needs to be notified and advised, but the person who applies to be Administrator will do that.  Good luck. 


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