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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.
Under Texas law, the surviving spouse inherits all community property if the children belong to both spouses. If you have a blended family, your spouse keeps their half of the community property, and your half goes to your children. If you have no children, then your surviving spouse gets all of the community property.
Even in the simplest situation, however, your family is looking at a minimum of $2,500 to $3,000 in fees and expenses. In general, for more complicated estates, the fees and expenses will likely exceed $5,000. These situations assume that the potential legal heirs agree with how the estate should move forward.
Procedure ? An affidavit of heirship is prepared that details the decedent's heirship facts and the assets of the estate. The affidavit is then signed before a notary public by two disinterested witnesses. The affidavit is then filed in the real property records on file with the county clerk's office.