Intestate succession is the legal process by which property and assets are distributed when an individual dies without a valid will. This process is governed by state laws, which stipulate how the deceased’s estate will be divided among surviving relatives.
In most jurisdictions, including Texas, intestate succession typically follows a hierarchy of heirs. The primary beneficiaries are usually the deceased’s immediate family members, such as a spouse and children. If there is no surviving spouse or children, the estate may be passed to other relatives, including parents, siblings, or more distant relatives, depending on the state’s intestacy laws.
For example, in Texas, if a person dies intestate and is survived by a spouse and children, the spouse will generally receive one-half of the community property along with one-half of the deceased’s separate property, while the children will share the remaining half of the separate property. If there are no immediate family members, the estate may eventually escheat to the state.
Understanding intestate succession is crucial for individuals to ensure their assets are distributed according to their wishes, which can often be achieved through proper estate planning, including the creation of a will.
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