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Dying Intestate – An Overview of Asset Distribution in Texas

When a person dies without setting forth his or her wishes in a will, they are said to have died intestate. In such a situation, since the intentions of the deceased with regard to his or her property cannot be legally known or proven, state laws dictate how and to whom the decedent’s property will be distributed.

In Texas, how a decedent’s assets are distributed after death is largely dependent on their family relationship status. If a decedent was legally married at the time of death, his or her spouse will automatically receive all community property. If the couple has children, the children will get two-thirds share of each item of separate property, and the remaining third passes to the spouse.

Things get more complicated when a decedent has children from a previous marriage. In this situation, the half of all community property owned by the decedent will pass to those children, but the spouse will still retain all of his or her share in the community property. If the decedent has no children at all, all community property will go to his or her spouse, while separate property will be divided among the spouse, the mother, and the father of the decedent.

On the other hand, if a decedent is not married at the time of death, his or her children will be first in line for inheritance. This chain of inheritance can continue along for several generations; that is, if the son of a decedent is also deceased, the property will pass to the son’s son (i.e., the decedent’s grandson), and so on. If the decedent had no children, his or her property will be split evenly between his or her parents.

The above is only a quick summary of relevant Texas probate law; in practice, situations may be much more complicated to deal with. The moral of the story is clear – make sure that you have a will to determine how your assets will be handled after your death.

For help drafting a will or other estate planning services, Contact an Austin probate lawyer from Slater & Kennon, LLP at 512-472-2431 today.

Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.