A testamentary heir is an individual who is designated to receive property or assets from a deceased person’s estate through a will. This designation occurs during the testator’s lifetime and is formalized in the will upon the testator’s death.
Testamentary heirs are distinct from legal heirs, who are determined by state intestacy laws when a person dies without a will. The designation of a testamentary heir reflects the testator’s specific intentions regarding the distribution of their assets.
For example, if a person creates a will that states, "I leave my house to my daughter, Jane," then Jane is a testamentary heir to the house. The will must go through the probate process, where the court validates it and ensures that the estate is administered according to the testator’s wishes.
In Texas, the probate process can include the appointment of an executor, the payment of debts and taxes, and the distribution of assets to testamentary heirs as outlined in the will. It is important for individuals to clearly define their testamentary heirs to avoid confusion and potential disputes among family members after their passing.
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