Intestacy laws govern the distribution of a deceased person’s assets when they die without a valid will. These laws vary by jurisdiction but generally follow a hierarchy of heirs and prescribe how property should be divided among surviving relatives.
In the absence of a will, intestacy laws typically prioritize the deceased’s immediate family. For example, if the deceased was married and had children, the spouse often receives a significant portion of the estate, with the remainder divided among the children. In situations where there is no surviving spouse or children, the laws may direct the estate to parents, siblings, or more distant relatives according to a defined order of succession.
In Texas, intestacy laws are outlined in the Texas Estates Code. The distribution of an estate in Texas under intestacy laws follows specific rules, which may differ depending on whether the deceased was married and whether the children are from the current marriage or previous relationships.
For instance, if a person dies intestate and is survived by a spouse and children from that marriage, the spouse generally receives one-half of the community property and a portion of the separate property, while children inherit the remaining share. However, if the deceased has children from a prior relationship, the distribution may change significantly, reflecting Texas’s approach to community and separate property.
Understanding intestacy laws is crucial for individuals who do not have a will, as it outlines how their assets will be allocated, often in ways that might not align with their personal wishes.
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