In the probate process, a court judge typically reviews a decedent’s will to distribute their assets to beneficiaries. However, when there’s no will in place, the probate court must decide how to handle the distribution of assets and debts. In Texas, intestate succession rules come into play to determine the rightful recipients.
Intestate Succession Rules
Intestate succession refers to the legal distribution of a decedent’s assets according to state regulations. When an individual passes away without a will, certain rules govern where their money, property, and debts will go.
If the decedent had a spouse, the spouse is first in line to inherit the estate. If there are no children or parents, the spouse receives the entire estate.In cases where the decedent and spouse had children together, the spouse receives 1/3 of the personal property and rights to physical property, while the children inherit the rest.
In the absence of a spouse, the children divide the entire estate. If there are children and parents, the parents inherit the estate.
Siblings also have rights to the estate. If the decedent left behind both siblings and a spouse, the spouse receives all personal property, while the real estate is split between the siblings and spouse. If only siblings survive the decedent, they share the estate equally.
If no family members remain, the probate court will search the decedent’s family tree to find the closest living relative. In the absence of living relatives, the state of Texas becomes the recipient of the decedent’s assets.
The Importance of Establishing a Will
The absence of a will can create challenges for family members and friends, especially when the decedent verbally promised property to someone without recording it in a written will. To avoid such complications, it is essential to establish a well-crafted will to ensure your wishes are upheld and your loved ones are protected in the future.
Need Assistance with Probate in Texas?
At The Probate Law Group, we understand the importance of working with experts in Texas probate after a loved one’s passing with and without a will. Our team of experienced Houston probate lawyers can guide you through the probate process, providing peace of mind and security for your family’s future.
Contact us today at 713-574-6080 for a consultation with our dedicated team. Alternatively, you can reach us by filling out our online form to get in touch.