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Does the State of Texas Get All of My Assets If I Die without a Will?

Posted by Chris Peterson | Nov 22, 2013 | 0 Comments

Does the State of Texas Get All of My Assets If I Die without a Will?

texas intestate probateIf you die without a will in Texas, your property will pass according to the rules of intestate succession. This means your heirs will inherit your property according to their relationship to you. If you have no living heirs and die without a will, then the estate may escheat to the state, which essentially means the state of Texas becomes the rightful owner of your property.

In Texas, the rules of intestate succession vary depending on whether property is characterized as community property or separate property. It also depends on whether you have a surviving spouse, and whether all of your children are also the children of your surviving spouse.

Whose job is it to distribute property?

Any one of your living heirs or another interested party may petition the probate court for authority to administer your estate if you die without a will. The administrator must take reasonable steps to indentify all potential living heirs and inventory estate assets. Creditors of the estate will have an opportunity to make claims for money owed. After allowable claims have been paid, your property will be distributed to your heirs according to applicable Texas law.

At Peterson Law Group, we understand the probate process and take the time to discuss your circumstances in detail and answer all your questions. Make an appointment with an experienced Bryan, Texas probate lawyer at the Peterson Law Group. Call 979-703-7014 or 936-337-4681 to schedule a consultation today or visit us online.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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