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What happens when there’s no will?

At the Law Firm of Taylor & Lopez, PLLC, we encourage you to get a will. So many issues with estate planning can be solved simply by drafting a will. However, if you do not get a will, what happens? We will discuss that below:

When someone dies without a will in Texas, the decedent’s intestate “heirs” are entitled to the property in the estate.

  • Heirs are named by the court, according to the law set out in Texas Estates Code Chapter 201.
    • Depending on who survives the decedent, heirs can include the decedent’s surviving spouse, children and their descendants, father and mother, brothers and sisters and their descendants, grandfather and grandmother and their descendants, and other relatives.
  • Once a court names the heirs, the heirs’ property share is calculated according to the law set out in Texas Estates Code Chapter 201.

Because a Small Estate Affidavit form can only be used when someone dies without a will, the SEA form will need to list detailed information on who the heirs are, and what share of property they should get.

Do not let yourself be someone that gets caught without proper estate planning. Contact The Law Firm of Taylor & Lopez, PLLC, now. Your Bexar County Probate resource.

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