Disclaimer: This article provides general information about Texas intestacy law and does not constitute legal advice.
Detailed Answer
Intestate succession occurs when a person dies without a valid will. In Texas, the Estates Code Chapter 201 governs distribution of an intestate estate under Chapter 201.
Key Definitions
- Intestate: Dying without a valid will.
- Descendant: A direct bloodline such as children or grandchildren.
- Surviving Spouse: The decedent’s legally married spouse at the time of death.
Order of Distribution
- Surviving Spouse Only: If no descendants or parents survive, the spouse inherits the entire estate. (See Tex. Est. Code § 201.052.)
- Spouse and Descendants: When both a spouse and descendants survive, community property goes fully to the spouse. Separate property divides: spouse receives one-third, and descendants share two-thirds per stirpes. (§ 201.101.)
- No Spouse, With Descendants: If no spouse exists, all estate assets pass to descendants per stirpes. (§ 201.101.)
- No Spouse or Descendants: Parents inherit equally if they survive. (§ 201.201.)
- No Immediate Family: Estate passes to siblings, then more remote relatives. If no heirs exist, the estate escheats to the State of Texas. (§ 201.204 & § 201.205.)
Community vs. Separate Property
Texas classifies property as:
- Community Property: Assets acquired during marriage, except by gift or inheritance. (Fam. Code § 3.002).
- Separate Property: Property owned before marriage, plus gifts and inheritances during marriage.
Proper classification affects how assets distribute under the rules above.
Probate Requirement
The court must open a probate proceeding, even without a will. Heirs petition for an “Order Admitting Heirship.” The probate court verifies next of kin and oversees asset distribution and creditor claims.
Helpful Hints
- Locate all assets: bank accounts, real estate, and personal property.
- Map out family tree: identify spouses, children, parents, and siblings.
- Distinguish community vs. separate property early.
- File an application for determination of heirship in the county probate court.
- Keep detailed records of debts and notifications to creditors.
- Consult a probate attorney to navigate court procedures.