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In terms of asset distribution, Texas usually divides community property equally between any descendants and a surviving spouse. Community property generally includes anything that was acquired during your marriage and paid for by marital earnings or income.
How Do You Settle an Estate Without a Will In Texas? An intestate estate is settled by going into probate court. Once someone is pronounced dead and it is realized that they do not have a will, their estate enters into the probate process. This can unfortunately take a long time, as long as a year or more to complete.
Technically speaking, probate is not always necessary in Texas when someone dies without a will. Only in certain situations, alternative processes can be used to distribute the deceased person's assets without the need for a dependent administration.
If the deceased person died with no valid will, it really is a whole different ballgame. Without a will, the Texas probate process is called a ?determination of heirship?. A determination of heirship can take anywhere from five weeks to 9+ months.
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.