Probate

Property transfer is best accomplished by probating a will...

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Estate Planning

While we live: certain documents give a trusted person the power to make legal or medical...

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Trusts

Trusts are a mechanism to provide for our incapacitated beneficiaries who are incapable...

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Probate.
With and without a will.

Property transfer is best accomplished by probating a will. This should be done as soon as possible after the Testator’s death.

If one does not have a will, it is more costly to transfer property and will take longer. There are alternate methods to accomplish property transfer.

See the charts below to demonstrate who will inherit your property if you have no will.

Estate Planning.
Wills & Powers of Attorney.

While we live: certain documents give a trusted person the power to make legal or medical decisions if we are unable to. Basic statutory forms include Durable Power of Attorney, Medical Power of Attorney, Guardian in the Event of Incapacity and Directive to Physicians.

After our lives on earth cease: Wills will designate who we want to be in charge of our estate (Executor) and who we want to inherit our property (Beneficiaries).

Trusts. Discretion and sensitivity.

Trusts are a mechanism to provide for our incapacitated beneficiaries who are incapable of managing funds properly, to provide for future generations, or to provide tax benefits for high-net-worth estates.

Legal matters have emotional elements attached to them which require sensitivity on the attorney’s part. Mediation can be useful in resolving conflicts when applicable.

 

What happens when a deceased person has left no will?

The laws of the State of Texas determine what happens to the estate.

All of the succession laws below determine the inheritors of property belonging to a deceased person who did not leave a will.

Note that this material is for educational purposes only and does not constitute legal advice. Please contact us for a consultation.

Married with Child[ren]* All From Current Marriage (Death after Sep 1, 1993)

Separate Personal Property

 
1/3 to
Surviving
Spouse
2/3 to
Children
Tex. Estates Code §201.002(b)

Community Real Property

 
        All to
Surviving Spouse
Tex. Estates Code §201.003(b)(2)

Separate Real Property

All separate real property will be owned outright by decedent’s child[ren] when surviving spouse dies.
1/3 Life
Estate to
Surviving
Spouse
2/3 to
Children
Tex. Estates Code §201.002(b)

Married with Child[ren] Outside of Current Marriage (Death after Sep 1, 1993)

Separate Personal Property

 
1/3 to
Surviving
Spouse
2/3 to
Children
Tex. Estates Code §201.002(b)

Community Real Property

Note: The surviving spouse retains his/her own 1/2.
 
1/2 to
Surviving
Spouse
1/2 to
Children
Tex. Estates Code §201.003(c)

Separate Real Property

All separate real property will be owned outright by decedent’s child[ren] when surviving spouse dies.
1/3 Life
Estate to
Surviving
Spouse
2/3 to
Children
Tex. Estates Code §201.002(b)

Married with No Children*

Community Real Property

 
        All to
Surviving Spouse
Tex. Estates Code §201.003(b)(1)

Separate Real Property

Survived by Both Parents
1/2 to
Spouse
1/4 to
Father
1/4 to
Mother
Tex. Estates Code §201.001(c) & §201.002(c)(2)&(3)

Separate Real Property

Survived by One Parent & Siblings*
1/2 to
Spouse
1/4 to
Surviving
Parent
1/4 to
Siblings*
Equally
Tex. Estates Code §201.001(d)(1) & §201.002(c)(2)&(3)

Separate Real Property

No Surviving Children*, Parents or Siblings*
        All to
Surviving Spouse
Tex. Estates Code §201.002(d)

Separate Real Property

Survived by One Parent & No Siblings*
1/2 to
Surviving
Spouse
1/2 to
Surviving
Parent
Tex. Estates Code §201.001(d)(2) & §201.002(c)(2)&(3)

Separate Real Property

Survived by Siblings* and Spouse Only
1/2 to
Surviving
Spouse
1/2 to
Siblings
Tex. Estates Code §201.001(e) & §201.002(c)(2)&(3)

Single or Widowed

Survived by Children*
 
Divided Equally
Among Children
Tex. Estates Code §201.001(b)
No Children*, Survived by Both Parents
1/2 to
Father
1/2 to
Mother
Tex. Estates Code §201.001(c)
No Children*, Survived by One Parent and Siblings*
1/2 to
Surviving
Parent
1/2 to
Siblings*
Equally
Tex. Estates Code §201.001(d)(1)
No Children or Siblings*, Survived by One Parent
        All to
Surviving Parent
Tex. Estates Code §201.001(d)(2)
No Children* or Parents, Survived by Siblings* Only
Divided Equally
Among Siblings
Tex. Estates Code §201.001(e)
No Surviving Children*, Parents or Siblings*
1/2 to
Paternal
Kindred
1/2 to
Maternal
Kindred
Tex. Estates Code §201.001(f)

* Descendants of the deceased who are otherwise heirs of their parent.

The charts above illustrate the general rules of descent and distribution under Texas law. In addition to the statutory references, see the following Texas Estates Code provisions, among others: § 201.101, Determination of Per Capita with Representation Distribution (fka per stirpes); § 201.051 et seq., Matters Affecting Inheritance (including Adoption [§ 201.054] and Collateral Kindred of Whole and Half Blood [§ 201.057])

Barbara J. Maseberg

Attorney & Counselor at Law

 
I am committed to practicing law with integrity, and providing a client-oriented service.
Call me at (713) 838-7589
office@maseberglaw.com

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