The term intestacy also applies in cases where the decedent made declarations in his valid will but only with respect to a portion of his estate; in which case, Texas intestacy laws will apply to the remaining estate not covered by the provisions of his will.
Intestacy follows the common law of descent; the properties in the intestate estate pass to the closest relatives by blood or marriage. Potential beneficiaries my file applications to determine heirship in Texas when a loved one dies intestate.
The legal term “intestacy” refers to an event where a person dies without leaving a valid will. This is usually called intestate succession or intestate estate.
In the absence of children and other descendants, it is the parents and other ascendants of the decedent who will receive the shares. Brother, sisters, nephews, and nieces of the decedent will receive a portion of the intestate estate in the absence of the spouse, descendants, and ascendants.
The Texas probate attorney, Keith Morris, thoroughly understands Texas intestacy and offers insights and legal assistance to determine the manner of passing the decedent’s intestate estate to heirs.
Not all assets of the decedent go through intestate succession, including properties transferred by virtue of a living trust.