Am I Entitled to an Inheritance in Texas?

July 22, 2024

Inheritance law title on a book and gavel When a loved one passes away, understanding your entitlement to an inheritance can be a challenging and emotional process. In Texas, the rules governing inheritance can vary significantly depending on various factors, including whether the deceased had a valid will or not. Knowing your rights and what steps to take can help ensure that you receive what you are entitled to.

Understanding Inheritance Laws in Texas

In Texas, inheritance laws are designed to ensure that a deceased person’s estate is distributed according to their wishes or, in the absence of a will, in a fair and equitable manner. These laws are governed by the Texas Estates Code, which outlines the procedures for both testate (with a will) and intestate (without a will) succession.

Testate Succession

When a person dies with a valid will, the inheritance process follows the instructions laid out in that document. The will must be submitted to probate court, where it is validated and executed under the court’s supervision. The probate court ensures that the decedent’s debts and taxes are paid and that the remaining assets are distributed to the beneficiaries as specified in the will. This process is governed by the Texas Estates Code, specifically under Sections 251.001 to 256.204.

Intestate Succession in Texas

If a person dies without a will, they are said to have died intestate. In such cases, the Texas Estates Code (Sections 201.001 to 201.152) outlines how the deceased’s assets will be distributed among their surviving relatives. The rules of intestate succession prioritize the deceased’s closest family members, starting with the spouse and children. Distribution of assets under intestate succession.

Surviving Spouse and Children:If the deceased is survived by a spouse and children, the estate is divided between them. The division depends on whether the children are from the current marriage or from previous relationships.If all the children are also the surviving spouse’s children, the spouse receives one-third of the personal estate, with the remaining two-thirds divided equally among the children. The spouse also receives a life estate in one-third of the real estate, with the children receiving the remainder.
If the deceased has children from another relationship, the surviving spouse receives one-third of the personal estate, and the children receive the remaining two-thirds. The real estate is divided, with the surviving spouse receiving a life estate in one-third, and the children receiving the remainder.
No Children:If the deceased has no children but is survived by a spouse, the spouse inherits all of the deceased’s community property. The separate property is divided, with the spouse receiving all personal property and one-half of the real estate, while the other half of the real estate passes to the deceased’s parents or siblings if they are alive.
No Spouse or Children:If there is no surviving spouse or children, the estate is distributed to the deceased’s parents, siblings, or more distant relatives. If the parents are alive, they inherit the estate. If the parents are not alive, the estate is divided among the siblings. If there are no surviving parents or siblings, the estate may be distributed to more distant relatives such as nieces, nephews, or cousins.

Special Considerations

Texas is a community property state, meaning that most property acquired during a marriage is considered jointly owned by both spouses. In the event of intestate succession, the surviving spouse typically retains their half of the community property, while the deceased’s half is distributed according to intestate succession rules.

Property owned by the deceased before marriage, or acquired by gift or inheritance, is considered separate property and is distributed according to the rules of intestate succession. Lastly, an heir must outlive the deceased by at least 120 hours to inherit from them under intestate succession laws.

Understanding these inheritance laws can be complex, and the distribution of assets may not always be straightforward. Engaging a knowledgeable estate planning attorney in McAllen, TX can help ensure that your rights are protected and that the estate is managed according to Texas law.

How to Get Started

Understanding your entitlement to an inheritance in Texas requires navigating complex legal terrain. With the help of a skilled attorney in McAllen, TX, you can ensure that your rights are protected and that the estate is handled correctly. Villeda Law Group offers comprehensive estate planning and probate services to help you through this challenging time. Contact us today to schedule a consultation and let our experienced team assist you with your legal needs.