When someone passes away without a valid will in Texas, their estate goes through intestate succession. This means the probate court follows state laws to determine who inherits the deceased person’s assets. Intestacy can complicate the probate process, especially when multiple heirs or unexpected claims arise.
Who inherits under intestate succession?
Texas law outlines a specific order for distributing assets when no will exists. If the deceased was married, the surviving spouse may receive all or part of the estate, depending on whether there are children from a previous relationship. Children, parents, and siblings may also have inheritance rights. Without immediate family, the estate could pass to more distant relatives.
How does intestacy affect probate timelines?
Probate can take longer when no will exists because the court must determine heirs before distributing assets. This process may involve genealogical research, affidavits of heirship, or even court hearings if disputes arise. The absence of clear instructions from the deceased can lead to delays, especially if there are distant relatives or multiple claimants.
Can intestacy lead to disputes?
Without a will to clarify the deceased’s wishes, disagreements among heirs are more likely. Family members may contest who should receive what, leading to legal battles that extend the probate process. In some cases, the court may need to appoint a neutral administrator to oversee the estate.
What happens to assets with no heirs?
If no eligible heirs can be found, the estate eventually passes to the State of Texas through a process called escheat. The government takes ownership of the assets, preventing them from remaining unclaimed indefinitely.
Intestacy complicates probate, making it more time-consuming and potentially contentious. Having a valid will can simplify estate distribution and provide clarity for loved ones.
