Affidavit of Heirship Lawyer in El Paso, TX
When a loved one passes away without a Will, heirs of the descendant must follow the legal process known as Determination of Heirship to distribute their real property and estate. Texas intestate succession laws determine the distribution of the descendant’s assets; these laws are very complex and have many provisions. Hiring an attorney is necessary to guide heirs through the legal process. The Law Office of Steve Ortega, PLLC, has helped many families through the Determination of Heirship process when their loved one has passed away intestate.
Determination of Heirship Laws
If there was no will in place when someone passed away, the Texas intestate succession laws define how the descendant’s assets of an estate must be administered. Only assets can be distributed through a Will and are subject to Texas intestacy laws. Items excluded from intestate succession proceedings are life insurance payouts, property transferred through a Trust, and a co-owned asset.
In the State of Texas, determining who gets the descendant’s assets is highly complicated. The types of surviving relatives break down the distribution of the descendant’s assets.
If the decedent left behind:
• No spouse, parents, or siblings but left children- The children will inherit all assets distributed equally.
• No children, parents, or siblings but left a spouse- The spouse will receive all the assets.
• No children, spouse, or siblings but left parents- The parents will inherit all assets divided equally.
• No children, spouse, or parents but left siblings- The siblings inherit the assets divided equally.
• Children and spouse- The spouse inherits community property, a portion of the descendant’s personal property. The children inherit everything else.
• Parents and spouse- The spouse inherits all community and personal property; the parents inherit all other assets.
• Siblings and a spouse- The spouse will inherit all community and personal property; the siblings will distribute the remaining assets.
Texas also has special conditions and allowances for other relatives like stepchildren, grandchildren, nieces and nephews, other relatives, and other unique family conditions.
Determination of heirship process
First, if there was no will when the decedent passed away, the first thing done is to examine the estate assets and identify any beneficiaries. Any joint accounts or life insurance must go through probate court. Debts of the estate must also be examined.
Second, assure the family is able and willing to work with a lawyer and each other during all proceedings. There are several options in determining heirship during intestate.
Third, the court will appoint an independent or dependent administrator. An independent administrator is appointed if everyone agrees to complete the process of determining the heirs. If the family cannot agree on the process, the court will oversee the process since the family cannot agree on picking an administrator.
