Episode Summary Dying 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 more 00:03:00 – How heirship proceedings work in Texas probate 00:05:00 – When property can escheat to the state 00:07:30 – Attorney ad litem and finding unknown heirs 00:09:15 – Common disputes: contested heirship, common law spouses, stepchildren 00:11:20 – Why beneficiary designations must match your estate plan 00:13:40 – Coordinating wills and non-probate assets for full protection

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.

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.

• 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

01:20 – What a will actually does under Texas law 03:15 – Who needs a will and when to create one 05:00 – How a will simplifies the probate process 06:45 – Preventing family disputes through proper estate planning 08:30 – What happens if someone dies without a will in Texas 10:15 – Blended families, stepchildren, and inheritance challenges 12:00 – Naming guardians for children and pets in your will 13:20 – Requirements for a valid will in Texas 15:00 – How often you should review and update your will

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.

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.

• 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

01:30 – Why the first probate consult matters for both clients and professionals 03:15 – Applying the KISS principle: Know, Investigate, Specify, Select 05:00 – What to bring if a loved one had a will 07:10 – Steps to take if there is no will and how to show due diligence 08:40 – Financial records, real estate deeds, and creditor information to collect 10:15 – Challenges of digital assets and why secure storage matters 12:30 – Importance of a family tree and heirship information when no will exists 14:00 – What happens during and after the first meeting

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.

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.

• 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

00:56 – What probate means and when it applies in Texas 02:30 – The KISS principle explained: Know, Initiate, Schedule, Survey 04:55 – Independent vs. dependent administration 07:20 – Court hearings and how Zoom has streamlined the process 09:15 – Who handles the estate during probate 10:20 – Probate vs. non-probate assets and common examples 13:45 – Why beneficiary designations matter more than people realize 15:00 – The emotional stress of probate and how professionals can help families

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.