Estate, Trust, and Probate Law
  Estate Planning    Will / Trust    Guardianship    Gifts    Revocable / Irrevocable Trust    Retirement Accounts    Custodial Account    Tax    Power of Attorney    Probate    Inheritance

Estate Planning
  Who will inherit my property
     if I die without a Will?
  What is a holographic will?
  Do I need to get a new will
     made in Texas?
  Do I need a will if my sole
     assets are under $50,000?

Other Common Estate Planning Questions

Q. Who will inherit my property if I die without a Will?

A. In Texas, if a decedent dies without a valid will, all probate property passes under the laws of "intestate" succession.

SURVIVED BY SPOUSE AND CHILD OR CHILDREN:

A. All surviving descendants of Decedent ARE also descendants of Surviving Spouse

1. Separate Real Property
1/3 to Spouse For Life
(Remainder to children)
2/3 equally divided
among children

2. Separate Personal Property
1/3 to
Spouse
2/3 equally divided
among children

3. Community Property
All to spouse

B. Surviving descendants of Decedent ARE NOT also descendants of Surviving Spouse

1. Separate Real Property
1/3 to Spouse For Life
(Remainder to children)
2/3 equally divided
among children

2. Separate Personal Property
1/3 to
Spouse
2/3 equally divided
among children

3. Community Property
Decedent's 1/2 Community Property
Equally divided among children
Surviving Spouse's 1/2 Comm. Property
The surv. spouse retains his or her 1/2 community prop. interest

SURVIVED BY SPOUSE, NO DESCENDANTS, AND BOTH PARENTS:

A. Separate Real Property
1/2 to Surviving Spouse
1/4 to father
1/4 to mother

B. Separate Personal Property
All to spouse

C. Community Property
All to spouse

SURVIVED BY SPOUSE, NO DESCENDANTS, AND ONE PARENT:

A. Separate Real Property
1/2 to Surviving Spouse
1/4 to surviving parent
1/4 to brothers and sisters

B. Separate Personal Property
All to spouse

C. Community Property
All to spouse

SURVIVED BY SPOUSE, NO DESCENDANTS, AND NO PARENTS:

A. Separate Real Property
1/2 to Surviving Spouse
1/2 to brothers and sisters

B. Separate Personal Property
All to spouse

C. Community Property
All to spouse

SURVIVED BY NO SPOUSE, BUT WITH SURVIVING CHILD OR CHILDREN:

All property is equally divided among the children. Children of deceased children take their parents share.

SURVIVED BY NO SPOUSE AND NO CHILDREN:

A. Both of Decedent's parents alive
1/2 to Father
1/2 to Mother

B. Only one of Decedent's parents alive
1/2 to surviving parent
1/2 equally divided among
Decedent's brothers and sisters

C. Neither parent of Decedent survives
All property is equally divided among
Decedent's brothers and sisters



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