Texas Who Takes if You Don't Have a Will?(updated 1/1/2014)
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FAQ
Probating a will as a muniment of title can help avoid probate in Texas because it can help to establish an individual's ownership of real property, allowing the property to be distributed to its intended heirs, without the need for further administration by the court.
What Happens to Your Assets When You Die Without a Will in Texas? Intestacy laws in Texas state that your assets will be distributed to your closest relatives. This usually means that the community property is divided equally between your surviving spouse and all of your descendants.
When a Texas resident dies without having made a last will and testament, they are automatically entered into the state's intestacy probate process. Each state controls the functioning of this process through the intestacy succession laws found in that state's probate tax code.
In Texas, when a person dies and leaves a will, that will must be submitted to the court. However, all wills do not have to be probated. For a will to be admitted to probate, the court must determine a necessity for administration.
If you do not submit the will into probate or miss the filing deadline, the probate court will treat the decedent's will as if it never existed. Then, the decedent's property will eventually be distributed ing to Texas intestate succession law. Under intestate law, the state decides who will inherit the property.
An interested person may petition for his appointment as administrator of the intestate estate. In the alternative, all heirs may consent for the administrator to handle the estate; this option requires the agreement of all heirs who must signify their approval before the court.
In most cases, you have 4 years from the date of the deceased person (decedent)'s death to file their will for probate.
What Happens If You Don't Probate A Will In Texas? Heirs Do Not Realize They Need To Probate The Will.Possible Family Agreement On Disposition Of Assets.The Person Holding The Will Refuses To Produce The Will Or Take Any Action To Settle The Estate.An Affidavit Of Heirship & Family Settlement Agreement Will Not Work.