Dying without a Will (Intestate Succession) in Texas

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Dying without a Will in Texas

An intestate estate is left when a person dies without a will and leaves property that may be allocated to heirs of the deceased. Texas law decides how to distribute this property among those heirs. 

What Kind of Property Is Subject to Transfer without a Will?

Any property within the deceased's estate may be transferred to the heirs or spouse as long as the property was not disposed of by will. 

What Interest Does the Surviving Spouse Have in the Property?

Texas is a community property state and therefore distinguishes between community property and separate property. There are different rules for each type of property.

How Is the Intestate Estate Distributed If There Is No Surviving Spouse?

When the deceased is survived by heirs leaving no husband or wife, Texas distributes the estate according to a hierarchy. The general hierarchy  involved in the ranked distribution is:

Should I Hire an Estate Attorney in Texas

Texas law can get very specific as to who has an interest in the intestate estate. An estate attorney experienced in intestate succession would be most helpful in exploring your share of the property. Also your attorney will be able to assist you in fulfilling any requirements and filing deadlines crucial to your case. 

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Last Modified: 08-25-2014 05:38 PM PDT

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