In Texas, because your father died without a Will, the State of Texas writes a Will for him. His Estate will pass according to the Texas intestacy laws upon a Court signing a Judgment Declaring Heirship. You have to file same in a court and you have to be represented by an attorney; it will also require the appointment of an Attorney Ad Litem for Unknown Heirs (a statutory requirement). So, unfortunately, this process is a little bit more expensive than probating a will, but it is the best and only way to ensure actual transfer of title to your father's assets from his Estate to each of his heirs in their respective intestate percentages.
Sincerely,
Kevin Spencer
(214) 965-9999
www.spencerlawpc.com
Answered on Jan 19th, 2015 at 1:16 PM