Dying Without a Will in Texas
When a person passes away without a valid Will (intestate), the estate will pass under the laws of descent and distribution as set forth in the Texas Estates Code.
The circumstances of the case will dictate whether the heirs can inherit by means of an Affidavit of Heirship, an Heirship Proceeding or a Small Estate Affidavit.
Sometimes it is necessary to open an estate administration simultaneously with an heirship proceeding. This will allow a personal representative to administer the estate much like in a situation where the Decedent had died with a Will assuming all of the intestate heirs agree.
Texas is a community property state. Whether the spouse will inherit a Decedent's entire estate depends on the classification and type of property, as well as whether the Decedent's children were born to both spouses. The intestacy laws of Texas provide guidelines for allocation an estate to the Decedent's living heirs. The laws of descent and distribution can be complex and confusing and the Law Office of Houston Probate Attorney Stephanie Mudgett Boates can help determine which heirship/intestacy proceeding is appropriate for your estate matter.
To speak with a Houston Heirship and Intestacy Attorney, contact Stephanie Mudgett Boates at 281-584-0034.