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If there is no will and the estate is worth more than $50,000 (not including the homestead and certain non-probate assets), it may be necessary for a court to determine who the heirs according to Texas law are.exas Probate Courts apply intestate statutes when the decedent left no Will. Thus, if a person dies without a Will in Texas, their property will be distributed under Texas intestate law.
In that case, it would be as if the person died with no will and the laws of the state would decide how the assets are distributed to each heir. In practice, a will is usually probated in Texas from between two months to one year of the estate ownerâs death.nce the executor files the will for probate, Texas probate law requires the executor wait approximately two weeks before she can have a hearing. The reason for this delay is so the court can provide notice to the public that a will was filed for probate.