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.
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.
Conclusion
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.
If you are facing the daunting task of settling an estate, don’t go it alone. Hire an experienced probate attorney to help you through this difficult time.
Call us today for a FREE attorney consultation at (512) 273-7444.
Related questions
How long does probate take when someone dies intestate?
The length of time it takes for probate to be completed when someone dies intestate can vary depending on several factors. However, on average, the probate process in Texas takes approximately six months to one year to be completed.
The length of time it takes for probate to be completed can be affected by various factors such as the complexity of the estate, the number of heirs involved, and any disputes that may arise. If there are disputes over the distribution of assets or other issues, the probate process can take longer to resolve.
Additionally, if the estate is complex and has many assets, it may take longer for the administrator to gather and inventory the assets, pay debts, and distribute the assets to the heirs. The court may also require additional time to review and approve the actions of the administrator.
It’s important to note that the probate process can be expedited by hiring an attorney who has experience in probate court, and by having all the necessary documents and information ready when the probate application is filed.
In any case, it is advisable to consult with an attorney who has experience in probate court, they can give you a more accurate estimate of how long the probate process may take in your specific case.
What is the order of inheritance without a will in Texas?
In Texas, the order of inheritance without a will (intestate succession) is determined by state law. The following is the general order of inheritance for intestate estates in Texas:
- 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 provides 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; but if there is no surviving spouse, the children will receive the entire estate. Additionally, when there is no surviving spouse, children, parents, or siblings, the estate will be divided among the grandparents, aunts and uncles, and cousins.
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.
What happens if someone dies intestate in Texas?
When someone dies intestate in Texas, the distribution of their assets is determined by the state’s laws of intestate succession. The process is called probate and it takes place in probate court. The main steps involved in probate when someone dies intestate are:
- Filing a probate application with the probate court: A person with an interest in the deceased person’s assets, such as a family member or creditor, must file a probate application with the court.
- Appointment of an Administrator: Once the probate application is 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 laws of intestate succession.
- 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 laws of intestate succession 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 laws of intestate succession. This includes transferring ownership of any real estate, personal property, and other assets to the heirs.
It’s important to note that if there are disputes over the distribution of assets or other issues, the probate process can take longer to resolve, and if the estate is complex and has many assets, it may take longer for the administrator to gather and inventory the assets, pay debts, and distribute the assets to the heirs. The court may also require additional time to review and approve the actions of the administrator.
It’s also important to note that the order of inheritance without a will in Texas is determined by state law, it starts with the surviving spouse and children, then the deceased person’s parents, siblings, grandparents, aunts, uncles, and cousins. If there are no surviving heirs, the assets will be distributed to the State of Texas.
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 process will work in your specific case.
Who administers an intestate estate?
When someone dies intestate, an administrator is appointed by the probate court to manage and distribute the deceased person’s assets. The administrator is responsible for gathering the assets, paying any debts, and distributing the assets according to the laws of intestate succession.
The person appointed as the administrator is typically a family member or a close relative of the deceased person. In Texas, the priority order for appointment is:
- The surviving spouse of the deceased
- The children of the deceased
- The surviving parent of the deceased
- The surviving brothers and sisters of the deceased
- The surviving grandparent of the deceased
- The surviving next of kin of the deceased
- Any other person who applies to the court and is determined by the court to be suitable
If none of the above are willing or able to serve, the court may appoint any other suitable person, such as an attorney or a professional fiduciary, to serve as the administrator.
The administrator is responsible for managing the estate and following the court’s orders, as well as filing the necessary paperwork and reporting to the court. The administrator will also be in charge of identifying the heirs and distributing the assets according to the laws of intestate succession.
It’s important to note that administrating an estate can be complex and time-consuming, that’s why it’s always advisable to consult with an attorney who has experience in probate court, they can help guide the administrator through the process and ensure that everything is done correctly and efficiently.
Call us today for a FREE attorney consultation at (512) 273-7444
