When a person dies without a will, they are said to have died “intestate.” In this case, the distribution of the deceased person’s assets is determined by the laws of intestate succession. This can be a complicated process, especially when it comes to probate court in Texas. In this article, we will discuss the basics of intestate succession in Texas probate court and the steps involved in the process.
What is Intestate Succession?
Intestate succession is the legal process that determines how a person’s assets will be distributed when they die without a will. Under Texas law, the distribution of assets is based on a set of rules called “intestate succession laws.” These laws determine who has the right to inherit the deceased person’s assets and in what order.
The intestate succession laws in Texas are based on the idea that the deceased person’s assets should go to the people who were closest to them and who were most dependent on them. This means that the deceased person’s spouse and children are typically the first in line to inherit their assets. If the deceased person did not have a spouse or children, their assets will be distributed to their parents, siblings, or other relatives.
Order of Inheritance in Intestate Cases
In Texas, the order of inheritance without a will is determined by state law:
- The surviving spouse and children: The deceased person’s surviving spouse and children will inherit the deceased person’s assets. If there is no surviving spouse, the children will inherit the assets. If there is no surviving spouse or children, the assets will be distributed to the next level of heirs.
- The deceased person’s parents: If the deceased person did not have a surviving spouse or children, the assets will be distributed to the deceased person’s parents. If only one parent is still alive, that parent will inherit the entire estate. If both parents are still alive, they will inherit the estate equally.
- The deceased person’s siblings: If the deceased person did not have a surviving spouse, children, or parents, the assets will be distributed to the deceased person’s siblings. If the deceased person had more than one sibling, the assets will be divided equally among them.
- The deceased person’s grandparents: If the deceased person did not have any surviving spouse, children, parents, or siblings, the assets will be distributed to the deceased person’s grandparents. If the deceased person had more than one grandparent, the assets will be divided equally among them.
- The deceased person’s aunts, uncles, and cousins: If the deceased person did not have any surviving spouse, children, parents, siblings, or grandparents, the assets will be distributed to the deceased person’s aunts, uncles, and cousins. The assets will be distributed to the nearest degree of kin first.
- The State of Texas: If the deceased person did not have any surviving heirs, the assets will be distributed to the State of Texas.
It’s important to note that Texas law states that if there is a surviving spouse and children, the spouse will receive 1/3 of the estate and the children will receive 2/3; if there is no surviving spouse, the children will receive the entire estate.
It’s also important to note that this is a general order and there may be specific nuances or exceptions depending on the case, so it’s always advisable to consult with an attorney who has experience in probate court, they can give you a more accurate and detailed explanation of how the intestate succession will work in your specific case.
Steps Involved in Intestate Succession in Texas Probate Court
Filing the Probate Application
The first step in the intestate succession process is to file a probate application with the Texas probate court. This application must be filed by a person who has an interest in the deceased person’s assets. This can be a family member, a creditor, or anyone else who has a claim to the deceased person’s assets.
Appointment of the Administrator
Once the probate application has been filed, the court will appoint an administrator to manage the deceased person’s assets. The administrator is responsible for gathering the assets, paying any debts, and distributing the assets according to the intestate succession laws.
Identification of the Heirs
The next step is to identify the deceased person’s heirs. This includes determining the relationship of each heir to the deceased person and their share of the assets. The administrator will use the intestate succession laws to determine the distribution of assets.
Payment of Debts
The administrator is responsible for paying any debts that the deceased person had at the time of their death. This includes outstanding mortgages, credit card balances, and other debts.
Distribution of Assets
After all debts have been paid, the administrator will distribute the assets to the heirs according to the intestate succession laws. This includes transferring ownership of any real estate, personal property, and other assets to the heirs.
The Takeaway
Intestate succession in Texas probate court can be a complicated process, but it is important to understand the basics in order to navigate the system. It is always best to have a will in place, but if the deceased person did not have a will, their assets will be distributed according to the intestate succession laws. The process involves filing a probate application, appointment of an administrator, identification of the heirs, payment of debts, and finally distribution of assets.
Do you need to hire an Experienced Probate Attorney to help?
An experienced probate attorney can help you navigate the intestacy process and ensure that your loved one’s property is distributed according to their wishes. If you are named as an executor or administrator in someone’s will, you may be responsible for handling the distribution of their estate. This can be a complex and emotional process, especially if there is no clear cut plan in place.
An experienced probate attorney can help you understand the intestacy laws in your state and guide you through the process of distributing your loved one’s property. They can also help you resolve any disputes that may arise between family members or beneficiaries.
Do you need help with a probate matter in Austin or the surrounding area? We are Austin probate attorneys. We help clients navigate the probate process. Call today for a free confidential consultation, 512-273-7444.
Our Austin Probate Attorneys provide a full range of probate services to our clients, including helping with intestate cases. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.
Disclaimer
The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.
