Intestacy Distribution refers to the process by which the estate of a deceased person is distributed when they die without a valid will (intestate). In such cases, state laws, known as intestacy laws, govern how the deceased’s assets are allocated among heirs.
Intestacy Distribution typically follows a predetermined order of priority, which varies by jurisdiction. Generally, the distribution hierarchy begins with the deceased’s closest relatives. These may include:
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Spouse and Children: In many states, the surviving spouse often receives a significant portion of the estate, sometimes alongside the children. For example, if a person dies intestate and is survived by a spouse and two children, the spouse may receive half of the estate, with the remainder divided equally among the children.
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Parents and Siblings: If the deceased has no spouse or children, the estate usually passes to the parents. If the parents are also deceased, siblings or their descendants may inherit.
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Extended Family: In the absence of immediate family, the estate may go to more distant relatives, such as grandparents, aunts, uncles, and cousins, according to the rules established by state law.
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Escheat to the State: If no relatives can be identified, the estate may ultimately escheat, or revert, to the state, meaning the government takes ownership of the assets.
In Texas, intestacy laws dictate that if a person dies without a will, their estate will be divided according to the Texas Estates Code. For instance, if a decedent leaves behind a spouse and children, the spouse may receive one-half of the community property and a share of the separate property, while the children inherit the remaining portion. If a decedent has no surviving spouse or children, the estate will be distributed to parents, then siblings, and so forth, following the outlined hierarchy. Understanding these laws is crucial for individuals in Texas to anticipate how their assets will be managed if a will is not in place.
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