When There’s No Will, There’s Intestacy Laws: The Default Inheritance Rules of Texas

Estate Planning in TexasWhere there’s a will, there’s a way. The state of Texas knows this and tries to make life easier for residents. In case a loved one passes on intestate or without a last will and testament, locals may still be able to determine the heirs, distribute the property, and discuss the probate of their assets.

After all, when there’s no will, there are intestacy laws that serve as the state’s default inheritance rules.

The Use of Intestate Succession Laws

Quraishi Law Firm tells Texas locals that all is not lost if a loved one dies interstate. With the state’s intestate succession laws, you can still determine the heir and the probate even if there is no will or if that will is invalid.

The default inheritance rules, however, affect only the assets that pass through a will. As such, they don’t necessarily affect the valuable assets that did not or do not go through a will. These assets include life insurance proceeds, payable-on-death bank accounts, and funds in a retirement account, to name a few.

Real Estate and Similar Property

The distribution of the real estate of your deceased loved ones is trickier. Generally speaking, your deceased loved one’s surviving spouse may inherit at least one-third of their real property while the other remaining two-thirds go to the children.

In the case that your deceased loved one does not have children, the spouse may inherit half of their separate real property while the surviving parents and siblings receive the other half.

Either way, you will need probate administrations, such as an affidavit or determination of heirship, a small estate affidavit, a court-created independent administration, or a dependent administration.

Your family does not have to go through messy arguments about who inherits what from your deceased loved ones. With Texas intestacy laws and the help of your lawyer, you may resolve it peacefully.