Intestate Succession in Texas with No Spouse and Three Children
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a person dies without a valid will in Texas (called dying intestate), the Texas Estates Code directs how the estate distributes. Under Texas Estates Code § 201.001, if the decedent has no surviving spouse but is survived by descendants, the entire estate passes to those descendants by right of representation.
Who Qualifies as an Heir?
- Descendants: Biological and legally adopted children.
- Issue of a predeceased child: Grandchildren or further descendants may inherit their parent’s share under per stirpes rules. See Texas Estates Code § 201.052 (https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm#201.052).
How the Estate Distributes
With no surviving spouse and three living children, each child inherits an equal share of the entire estate. For example, if the estate totals $300,000 in assets, each child would receive $100,000. The court appoints a personal representative to collect assets, pay debts and taxes, and distribute the net estate per Texas Estates Code Chapter 202 (https://statutes.capitol.texas.gov/Docs/ES/htm/ES.202.htm).
Example Scenario
Suppose Alice dies intestate leaving assets worth $90,000 and three children—Bob, Carol and Dan—and no spouse. The probate court opens an administration. After paying valid debts and expenses, the remaining $90,000 passes equally:
- Bob: $30,000
- Carol: $30,000
- Dan: $30,000
If Carol had predeceased Alice but left two children, those grandchildren would split Carol’s $30,000 share equally (per stirpes).
Helpful Hints
- Gather birth certificates and adoption papers for all heirs.
- Locate bank statements, real estate deeds and life-insurance policies.
- Consult the local probate court to file an application for administration.
- Notify creditors and publish notice to claimants as required by Texas Estates Code Chapter 309.
- Keep detailed records of distributions and court filings.
- Consider hiring a probate attorney to navigate complex estates or creditor disputes.