When a loved one passes away without a will, it presents a complex web of questions and uncertainties. Who gets what? Who’s in charge? And how do you even begin to sort it all out?
In Texas, the rules of intestate succession are in place to provide some much-needed guidance. However, navigating these rules can be daunting, especially when you’re still reeling from your loss. This blog will explain the basics of Texas intestate succession.
Who gets what?
In Texas, there are specific rules in place to ensure that the executor distributes the estate fairly among the person’s closest relatives. The rules help reduce the risk of disputes.
- Married with children: When a married person dies, their spouse inherits a portion of the estate, with the remaining assets going to their children. This means the spouse will receive a significant share of the estate, while the children will receive a substantial inheritance.
- Unmarried with relatives: If the deceased person was not married, their estate goes to their closest living relatives, with their children and grandchildren taking top priority.
- No children, parents alive: In the absence of children, the estate passes to the person’s parents, provided they are still alive and able to inherit.
- No children, no parents: If the parents are deceased, the estate goes to the person’s siblings and their children, such as brothers, sisters, nieces and nephews. This ensures that the estate is distributed to the person’s closest living relatives, even if they are not direct descendants.
- No close relatives: If none of these relatives are alive, the executor divides the estate between the person’s paternal relatives and maternal relatives.
In Texas, the rules of intestate succession provide a clear roadmap for distributing an estate when someone dies without a will. Understanding these rules gives you a clearer picture of the probate administration process.
How an attorney can help
While it’s never easy to find peace in the aftermath of a loved one’s passing, learning what to expect may help. If you’re facing the challenges of intestate succession, don’t try to do it alone. Consider working with an attorney who can explain and guide you through the legal process and help protect your rights.
