The Quick Guide to Default Heirship in Texas

The state of Texas has several important laws regarding the handling of someone’s assets if he or she should die without a will. If you are unsure about creating a will, or if someone you love has passed away without a will in place, it may help you to understand the basics of how heirship works in Texas. All of the applicable laws cannot be included here, of course, so in either case it is best to get in touch with an experienced Houston estate planning attorney.

Probate Court Processing

If someone dies without a legally acceptable will, the estate will have to be processed through probate court, which can be done in a variety of ways. This includes:

  • An affidavit of heirship executed by someone in the deceased person’s immediate family, which should include marital history, a list of heirs, and a death certificate
  • An heirship proceeding in which the courts appoint a representative for the estate and later approve a determination of how assets will be distributed
  • A small estate affidavit, which allows a homestead and other properties to be passed on to an heir if the property is valued at less than $50,000

Things to Know about Heirship

It’s also important to keep the following in mind:

  • Spouses do not automatically inherit the belongings of their partner if he or she passes away without a will
  • Children from current or previous relationships are given part of the inheritance if their parent dies without a will
  • If a person passes away and has a surviving spouse and parents but no children, the assets will be split between the deceased’s spouse and parents

There are many other nuances of probate law that can be explained by an experienced attorney.

Contact Us

Working with a Houston estate planning lawyer can help you ensure that your wishes are carried out after your demise. Call Garg & Associates, P.C., at 281-362-2865 to get started on your case today.

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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
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Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.