Testate Succession
Testate SuccessionWhen a person dies with a valid will or an invalid will that has not been contested, his property goes to the persons named in the will.
Intestate Succession
When a person dies in Texas without a will, or when a will is successfully contested, his property goes through intestate succession if he does not have an older, valid will that can be probated. You may find yourself wondering what happens to that person’s estate (their belongings, finances, etc). What are Texas inheritance laws regarding intestate succession? How is it split and who has rights to it?
This article will get you started in the right direction to learn more about your rights. We’ve included links to more information to help you find what you need to know for your unique situation.
Property Subject to Probate in Texas
Not all property is treated the same under inheritance laws. The kind of property owned at death as well as the form in which it is held determine to whom the property is distributed at death.
For instance, if you have a life insurance policy, you will have someone named as a beneficiary. The person named beneficiary on that account will receive those benefits rather than the funds being distributed by inheritance law. The same applies to bank accounts, retirement accounts, etc. if they have a beneficiary named.
For more information on how property is categorized under the law, click here.
Inheritance Rights of Spouses
In the absence of a will, the spouse of the deceased has a legal claim to a portion of the estate, but what proportion of that estate depends on a number of factors including whether or not there were children, whose children they were, whether the deceased parents are still living, and whether or not the deceased had any (living) siblings.
To learn more about the inheritance rights of spouses, click here.
Children‘s Inheritance Rights in Texas
Where there is no will, or a will has been successfully contested, children inherit the bulk of the deceased’s estate. This is true of natural born children as well as adopted children.
Some cases involving illegitimate children, pretermitted (forgotten) children, or children whose adoptions weren’t official can sometimes be more complicated, though in most cases these children have equal inheritance rights to natural children.
Inheritance Rights of Family Members Other Than Spouses and Children
Parents, siblings, aunts, uncles, nieces, nephews and others are heirs for the purpose of distributing the estate of the deceased if he died intestate and if the deceased had no spouse or children. Even if the deceased had a spouse but no children, the other relatives may be entitled to some of the property. The rule is, if you can’t go down the family tree because there are no children, you go up then out on to the branches to determine who inherits.
The rest of this article is the old webpage that we had in place of the information that you just read. You can read it although you will see that it is a repeat of what has been said. The above information is an easier read and less lawyerly than the paragraphs below but they contain essentially the same information.
Background
When a persons dies without a will or when a will is successfully contested , the laws of descent and distribution determine who inherits the estate of the decedent. In this general article, we will lead you to answers as to the types of property subject to inheritance as well as the inheritance rights of spouses, children and other family members.
Property subject to inheritance laws
The kind of property owned at death as well as the form in which it is held determine to whom the property is distributed on death.
Inheritance rights of spouses
Inheritance rights of natural children
- Adopted children.
- Adopted children’s inheritance from their biological parents also here.
- Forgotten or pretermitted children.
- Illegitimate children also here.
Inheritance rights of family members other than spouses and children
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By Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about Texas inheritance laws, inheritance rights, probate limits, have a family inheritance dispute, a property dispute or want to know the reasons for contesting a will or protecting a will from a contest and need an inheritance lawyer, we can help. Please click on the “Contact Us” tab above and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case. There is no fee for the initial consultation.
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