Estate Distribution Without A Will

Distribution Of An Estate In Texas Without A Will

(Intestate Distribution)

If you die without a will ("intestate"), in Texas, the state will 'write one for you'. That is known as the laws of descent and distribution.

Contrary to popular belief, your estate will not go to the state ("escheat"), unless no heirs can be found. Your estate will be responsible for the costs of searching for your heirs, and for the legal costs of an 'attorney ad litem' whom the court will appoint to represent unknown and missing heirs.

More likely than not, the court will also appoint an Administrator to handle your estate, and the administration most likely will be a dependent administration; i.e. the Administrator is subject to court supervision in the administration of your estate. The Administrator must apply to the court for every action the Administrator wishes to take, the court may grant permission after a hearing, then the Administrator has to report back to the court on the actions taken, and the court then may approve the actions after a hearing. All those costs of administration are borne by your estate before any distribution is made.

Distribution is based upon marital status, presence or absence of children, whether the children are of the decedent and/or of the marriage, if parents or siblings survive, and the type of property in the estate. The following chart shows intestate distribution in Texas.

Marital Status/Children	Property Type	Separate Property	Community Property
Married, any children not of the marriage	Real Property	1/3 to spouse for life, remainder to children. 2/3 equally to children subject to life estate.	1/2 owned by spouse 1/2 equally to children
Married, any children not of the marriage	Personal Property	1/3 to spouse 2/3 equally to children	1/2 owned by spouse 1/2 equally to children
Married, no children, parents surviving	Real Property	1/2 to spouse 1/2 equally to parents. Parent's portion to siblings, or sibling's descendents, if parents deceased.	All to surviving spouse
Married, no children, parents surviving	Personal Property	All to surviving spouse	All to surviving spouse
Unmarried, no children, parents or siblings surviving	Real Property and Personal Property	1/2 to father, 1/2 to mother. Parent's portion to siblings, or sibling's descendents, if parents deceased.	No community property
Widow or widower with children	Real Property and Personal Property	Equally to children or their descendents	No community property
Married, children only of the marriage	Real Property	1/3 to spouse for life, remainder to children. 2/3 equally to children subject to life estate	All to surviving spouse
Married, children only of the marriage	Personal Property	1/3 to spouse 2/3 equally to children	All to surviving spouse

Table of Intestate Distribution

· · Note: Adopted children are considered as natural-born, and sometimes may inherit from their natural parents as well as their adoptive parents. Children of the surviving spouse, but not the decedent's natural children, are not heirs at law unless adopted by the decedent. Only children of the decedent, and of the surviving spouse, are "children only of the marriage".

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