If
you die without a will, or if your will did not distribute all of your
property, or if the probate court finds that your will is not valid, you are
considered to be “intestate.” Texas has
adopted a complex system of statutes that determine what happens to your
property if you are intestate.
First,
the probate court must determine whether you were married and if you had any
children or other living heirs at the time of your death. There is a significant difference in how your
property will be treated if you died while:
1.
Married
without children;
2.
Married
with children or other descendants and:
a.
All
children are also children of your surviving spouse; or
b.
Some
or all children are not also children of your surviving spouse;
3.
Unmarried
with children or other descendants; or
4.
Unmarried
with no children or other descendants.
Each
of these situations can become complex, so they will be discussed in separate
blog entries.
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