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This depends on whether they had the right documents and how the property and debt are categorized. Probate may still be necessary depending on the estate's size and type of property and debt.
How to transfer property of the deceased in Texas without a will Identifying the heirs based on Texas intestate succession laws. ... Submitting the Affidavit of Heirship to the County Clerk. ... Drafting and Recording a New Deed. ... Example: Transferring a Family Home to the Surviving Spouse and Children.
When a Texas resident dies without a will, their estate is said to be ?intestate.? If the decedent is married, the surviving spouse typically inherits all of the deceased's community property. If the decedent was not married, their intestate estate generally passes to their children or other close relatives.
In Colorado, if someone passes away without a spouse, but has children, the children inherit all eligible assets. If someone passes away without children, but has a spouse, the spouse inherits all eligible assets.
If you have no spouse or children, your property will be split among your parents and/or siblings, depending on who survives you: If both parents are still living, ½ goes to Mother and ½ goes to Father. If one parent and siblings (or siblings' descendants) are still living, ½ goes to surviving parent and ½ to siblings.