Intestacy

Most people are advised to create a will in order to ensure that, after their death, their wishes are carried out. However, not everyone makes full preparations for what will happen to their property when they die. A person who dies without a will is said to have died “intestate.” If a person dies in intestate, state law may dictate how property is distributed.

Laws of Intestate Succession

Intestacy laws vary from state to state. Usually, a person’s property is distributed according to the laws of the state in which he or she died. However, if the person owned property in a different state, the property may be distributed according to that state’s laws instead. Each state has its own laws on who inherits property in the absence of a will.

Texas has very specific intestacy laws that can be fully explained by a qualified wills and trusts attorney. However, in general, the law states that the property of a person who dies intestate with no living spouse will pass to the following people, in course:

  • Children and their descendants
  • Father and mother
  • Brothers and sisters

If a person dies intestate and leaves a spouse:

  • One-third of the property will pass to the spouse and the remaining property will pass to the children and their descendants
  • If there are no living children or descendants, the spouse will receive all the personal estate and one-half of the lands of the intestate. The other half of the lands may be distributed among the deceased person’s parents and siblings.

Contact Us

You may not agree with how your state would distribute your property under intestacy laws. To take care of your loved ones, it is important to have created a will or a trust to distribute your property according to your wishes. To learn more about creating a will, trust, or managing your estate, contact a Houston wills and trusts attorney from Garg & Associates, P.C. by calling 281-362-2865.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.