Lawyer/Attorney - Intestacy


What is Intestacy?

Intestacy is the term used to describe the scheme for distribution of assets when there is no will. When a person dies without a will, the laws of the state where he resided control how the deceased's property is distributed. In Texas, this distribution scheme is rather complicated and depends on the marital status of the deceased, whether there are children, and whether the property involved is community property or separate property. We us the term "heirs" to describe the persons legally entitled to a share of an intestate decedent's property.

What's community property and what's separate?

Texas is a community property state. The answer to this question can be VERY involved and is the subject of countless court cases and many statutes, but essentially community property is property owned jointly by spouses in a marriage relationship. Separate property is property owned by a person before the marriage, received by gift or inheritance, or awarded as damages for personal injuries.

What is the scheme for intestate distribution of property?

See the chart here.


San Antonio Lawyer | Keith P. Miller