Houston Estate Planning and Elder Law Attorney Blog
In Texas, if a person dies without a will (or if a person leaves property out of their will, intentionally or mistakenly), there are laws that dictate how the state distributes the relevant property. Texas heirship law can seem complicated at first, but today’s blog aims to simplify the process for those whose loved ones died without clear instructions for their property.
In order to decide who inherits a decedent’s property when that property is not accounted for in a decedent’s will, the probate court must first determine the decedent’s heirs. The court will take into consideration three main circumstances when investigating the heirs: the marital status of the decedent; the type of property at stake (separate/nonmarital or community/marital); and whether the decedent had children.
Heirship Law Without a Spouse Involved
If a decedent died without a spouse, the process is relatively straightforward. In this circumstance, the estate goes to the decedent’s children. If there are no children involved, the estate goes to the decedent’s parents, or to his or her siblings if the parents are no longer living. In some circumstances, a decedent dies with no living relatives. If this happens, the person’s estate goes to the state of Texas.
Heirship Law with a Spouse Involved
If a decedent died with a spouse, that person’s separate property is divided as follows: one-third of the estate goes to the spouse, while two-thirds go to the children. If the decedent had no children, the spouse inherits all of the separate property.
Community property, however, is treated a bit differently. The decedent’s portion of his or her community property goes to the surviving spouse. However, there is an exception to this rule. If the decedent had a child whose other parent was not the decedent’s spouse, the children inherit the portion of community property instead of the spouse. This provision typically applies to families with stepchildren.
Contact a Houston Estate Planning Attorney Today
Heirship law is written out explicitly in Chapter 201 of the Texas Estates Code. Because the statute can be complicated to interpret, we recommend contacting a Houston estate planning attorney if you have questions about how Texas heirship law applies to you. With the right team of attorneys in your corner, you can be sure you know exactly how to proceed with your loved one’s estate. Unfortunately, heirship law can oftentimes cause conflict within families, and having an experienced legal representative can help you navigate that potential conflict with levelheadedness, confidence, and peace of mind. At McCulloch & Miller, we have the experience and demeanor to provide a steady hand when you need it the most. If you would like to set up a consultation with one of our Houston estate planning attorneys at McCulloch & Miller, give us a call as soon as possible at 713-936-9073. You can also fill out our online form to tell us about yourself and have a member of our team contact you as soon as possible regarding possible next steps. Our firm covers estate planning, the probate process, special needs planning, trust administration, elder law, and more.