Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies without a valid will (intestate), Texas law outlines who may inherit under the Texas Estates Code, Chapter 201, Subchapter B (Estates Code Chapter 201). Follow these steps to identify the heirs of your father’s estate.
Step 1: Confirm Intestate Status
Verify that your father died without a valid will. Check probate filings in the county where he lived. If no will exists, his estate is intestate under Sec. 201.002.
Step 2: Identify Statutory Heirs
The primary classes of heirs under Sec. 201.001 include:
- Spouse: A surviving spouse may inherit the entire estate or share with descendants.
- Descendants: Children, grandchildren, or more remote descendants by right of representation.
- Parents and Their Descendants: If no spouse or descendants, the estate passes to parents or siblings (and their descendants).
- Other Kindred: Nearest lawful relatives, such as grandparents, aunts, uncles, or cousins.
Step 3: Gather Family Records
Collect birth, death, and marriage certificates. Establish paternity, adoption status, and legitimacy. Texas law treats adopted children as natural heirs (Sec. 201.001).
Step 4: Determine Shares (If Needed)
Once you know who the heirs are, calculate their shares. For example:
- Surviving spouse alone: inherits the entire estate (Sec. 201.051).
- Spouse and descendants: spouse gets one-third of separate personal property; descendants share the rest (Sec. 201.052).
- No spouse or descendants: estate passes to parents or siblings (Sec. 201.061).
Consult a probate clerk or attorney to confirm calculations.
Helpful Hints
- Use an Affidavit of Heirship if the estate is small and uncontested. The county clerk often accepts these forms.
- Engage a title company for real property transfers; they require a certified heirship determination.
- Search for missing heirs early. Publish notices or work with a genealogist to avoid later disputes.
- Keep meticulous records of all communications, court filings, and certified documents.
- Consider hiring an attorney for complex estates, multiple marriages, or international heirs.