Texas Petition to Determine Distribution Rights of the Assets of a Decedent

State:
Multi-State
Control #:
US-02654BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

What is an heir property owner? You are considered to be an heir property owner if you inherited your primary residence (also called a ?residence homestead?) by (1) will, (2) transfer on death deed, or (3) intestacy ? regardless of whether your ownership interest is recorded in the county's real property records.

Probate court is a specialized type of court that deals with the property and debts of a person who has died. The basic role of the probate court judge is to assure that the deceased person's creditors are paid, and that any remaining assets are distributed to the proper beneficiaries.

How Much Does an Estate Have to Be Worth to Go to Probate in Texas? In Texas, an estate exceeding a value of $75,000 necessitates a full probate administration.

(a) If a person who dies intestate does not leave a spouse, the estate to which the person had title descends and passes in parcenary to the person's kindred in the order provided by this section. (b) The person's estate descends and passes to the person's children and the children's descendants.

In intestate succession, spouses inherit first, then children, then parents and siblings. Stepchildren do not automatically receive a share of the estate unless the decedent legally adopted them. Grandchildren only inherit when the decedent's children are not alive to receive their share of an inheritance.

Intestate Succession: Extended Family Inheritance SituationWho Inherits Your Property-If only one parent-1/2 of the estate to the parent -1/2 of the estate split evenly between siblings-If no parents-Estate split evenly between siblings-If no siblings-Estate split evenly between nieces and nephews5 more rows ?

The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.

Sec. 360.202. SALE OF ESTATE PROPERTY. (a) When the court has found that all or part of an estate is not capable of fair and equal division, the court shall order the sale of all estate property not capable of fair and equal division.

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Texas Petition to Determine Distribution Rights of the Assets of a Decedent