Under Texas inheritance law, inheritance succession is the order in which an individual’s relatives will receive their property if they do not have a will when they pass away that provides instructions on who shall receive what property.
In general, inheritance succession does not create any issues in cases that involve wills. In most cases, an individual who creates a will leaves their property to their spouse, children, and other close relatives and friends.
A will can be legally contested in certain situations. In addition, a spouse may be able to petition to inherit a share of the decedent’s estate if they were left out of their spouse’s will. In Texas, a spouse cannot disinherit their spouse from community property that was acquired during their marriage, as they are entitled to half.
In general, however, wills are typically followed as they are written. Because of this, inheritance succession is more likely to be an issue when a will does not exist, as the probate court must then decide who will inherit.
Intestacy is the legal term for when someone dies without a will. Every state, including Texas, has laws about intestacy that are meant to distinguish between total intestacy and partial intestacy.
Total intestacy means that the individual died with no valid will in place. Partial intestacy means that the decedent’s will does not dispose of all of the decedent’s property.
Under the general laws of intestacy, a decedent’s spouse often has first rights to property distribution and an inheritance. Following a spouse, typically the line of inheritance will follow the decedent’s descendants.
When the person who died did not have any living family members, the property will most likely escheat to the state. Escheat means that the property goes to the state where the individual’s estate was located.
For more information about inheritance succession in Texas, an individual should schedule a lawyer consultation.
What Is the Order of Inheritance Succession in Texas?
Under Texas intestacy laws, the order of inheritance succession when a person does not have a valid will starts with their surviving spouse and any children. Next in line are the parents of the person who passed away, followed by their siblings, and then their nieces and nephews.
Succession may continue to other relatives when the decedent did not have other relatives. How assets are distributed will depend on who survives the decedent because the surviving spouse’s share is often separate from the children’s and will depend on the Texas community property laws.
Unlike other states, Texas does not follow the Uniform Probate Code (UPC). These are model laws that many states follow for estate issues.
Texas, however, has its own Texas Estates Code to govern wills, trusts, and estates and the probate process. For the purposes of inheritance, an adopted child will be treated the same as a biological child.
Step-children and foster children are not treated the same as biological children. In addition, biological children of the decedent who were given up for adoption are not eligible to inherit.
To find out more about the inheritance rights of spouses and other family members in Texas, it is important to consult with a Texas lawyer.
How Much Will Each Relative Receive Through Inheritance Succession?
What property each relative receives through Texas inheritance succession is based on state law and the Texas Estate Code. If the decedent has a surviving spouse and children, they will likely inherit most, if not all, of the estate.
When a Texas descendant has a surviving spouse and children, their spouse will get one-third of their personal property and a life estate in one-third of their real property. The children will receive the remainder of the estate.
If the decedent is survived by their spouse but they had no children, their surviving spouse will inherit all of the community property as well as all of the separate personal property of the decedent. When the decedent did not have a spouse or children, their property will be divided between their parents, siblings, and grandparents.
If a violation of succession laws occurs, whether it is accidental or intentional, an offender may face criminal charges. Punishments may include fines, incarceration, or a combination of both.
Examples of ways in which succession laws can be violated can include, but are not limited to:
- Trying to claim property in a way that deviates from the Texas succession laws
- Failure to return property that was distributed incorrectly
- Claiming more funds or assets than someone is entitled to
- Claiming property that lawfully belongs to another individual, for example, a relative
A Texas intestate lawyer can help both will creators and possible heirs understand how much each relative may receive through Texas inheritance succession.
What Else Should I Know About Intestacy and Inheritance Succession Laws?
As noted above, the legal term escheat means that someone’s property goes to state following a certain event, in this case, their passing. In general, escheatment law allows the government to claim title to property when no other rightful beneficiaries exist to inherit the property.
Property that is escheated will, in general, pass to the Texas state government. The property may be distributed to a designated political subdivision of Texas. It can also be disposed of in a different manner.
In some rural states, escheat laws provide a significant source of revenue. These laws take property that would otherwise sit unused and put them to active use by using them to generate revenue for local jurisdictions.
Escheat laws provide that states are allowed to take property of individuals who pass away interstate. It is also important to be aware that, simply because heirs do exist, does not mean that the government will be prevented from taking property under escheat laws.
This can occur if an heir or heirs are considered to be legally incompetent to take property by inheritance. In these situations, the estate may be treated as if there were no heirs, and the property will escheat back to the state.
There may be varying deadlines and timetables that apply to property escheatment. In the State of Texas, the abandonment period is three years for the majority of property, although different time periods may apply to different types of property. For deposit accounts, the time table is five years.
It is common for notices of escheat actions to be provided to the public through announcements published in county newspapers. This is intended to provide any interested parties with the ability to formally respond and claim ownership if the property is theirs.
Do I Need a Texas Attorney for Issues With Inheritance Succession Laws?
Whenever you are considering creating estate planning documents, such as a will, or you have questions about Texas inheritance succession, it is very important to reach out to a Texas inheritance lawyer for information. Your inheritance attorney can explain inheritance laws in Texas and how they apply to specific heirs and property.
If you are involved in a dispute about inheritance in Texas, your inheritance attorney can represent you and help you resolve the issue as efficiently as possible. You can use LegalMatch’s free lawyer matching services to find a Texas inheritance attorney near you who is ready to get started helping you.
