Dad died, no will has rental property, car, life insurance.I'm in CA he's in TX

You are definitely an heir of your father, but I would not recommend going into his apartment and "claiming his property" until you have a court order probating a will or determining you to be an heir.  All inheritance is subject any administration of the Estate, so you cannot just go out and grab whatever you see, even if you are an heir.  You will be ordered to return it to the Estate if you do. I presume all property was ordered divided by the family court and the division was completed before your father's death.  If so, the issue is not with the ex-wife, because she has absolutely no interest in your father's Estate since they were divorced.  You and your 16 year old brother are your father's heirs, if you are his only children and he died unmarried. You need to file an Application for Determination of Heirship to be determined to be an heir and, if there is a necessity for administration, an Application for Administration. I hope this answers your question(s). Sincerely, Kevin Spencer www.spencerlawpc.com