Law for estate distribution in Texas is different compared to other countries. In fact, the intestate law differs from state to state in Texas. If you have properties, you definitely need an estate plan. Now, who will be responsible for doing the estate planning for you? Here, a probate lawyer comes into play who suggests you a suitable estate plan within your budget. Hiring an attorney for estate planning can help you understand the process that needs to be followed to distribute the deceased person's assets among their loved ones.
Estate distribution with a will can be easy, but what will happen to your property if you don't have a will or die without a will? How will properties or assets be distributed without a will in Texas? To understand these things, you must first understand the estate distribution in Texas without a will. This blog will guide you through every detail regarding estate distribution law in Texas when you don’t have a will.
Before delving into what happens to a decedent's estate if he dies without a will in Texas, you need to know what estate planning is.
What is Estate Planning?
In Texas, Estate planning is a legal arrangement and decision-making process that determines how you want to manage and distribute your property and affairs upon your death or incapacity. It is all about creating a comprehensive plan that outlines what will happen to your assets, financial investments, personal belongings, and other important issues during your lifetime and after death. Estate planning gives you control over how your assets are handled and ensures that your wishes are followed after your death. For this legal process, you need an experienced probate attorney with expertise in understanding Texas Intestate Succession Laws.
What Will Happen With Someone’s Assets If Dies Without Will?
When someone dies without a valid will, his or her estate will be handled in accordance to the intestacy succession laws of Texas, which follow a very strict inheritance hierarchy. Intestate is the legal term for someone who died without a will or any other binding declaration, and for such cases, this law determines how the deceased person's property is to be distributed among their heirs.
Have a look at listed important things to understand about estate distribution without a will in Texas:
- Spouse with No Children/ No Parents
If the deceased’s spouse is alive but has no children or parents, then the spouse has full right to inherit the entire estate. However, if the deceased had children with a surviving spouse, the spouse may receive one part of the estate and remaining parts will be distributed to the children or their parents.
- Children With No Spouse/ No Parents
If the deceased does not have a spouse or parents, then in such a situation, their children have complete right to divide the entire property among themselves.
- Spouse with Parents
The spouse of deceased person inherits all of their community property, all personal belongings, as well as half of the real estate property independently owned by them. The parents of the deceased inherit the rest properties or assets.
Conclusion:
There are many other rules or laws for the asset distribution of a decedent person without having a will. You should prepare a valid will to avoid making the estate distribution complex. It would be a wise decision to prepare your will under the guidance of a probate lawyer. When it comes to estate planning, disputes often arise between family members. Hence, try to hire a qualified attorney who understands each individual point, as no two people are alike and resolve the issues by explaining the most sensible, latest legal options to you. Your attorney lawyer will be responsible for filing all your necessary documents according to the probate laws and regulations of Texas. Consult an attorney for estate planning who will prepare all your required documents in a timely manner to ensure compliance with state and federal laws.
