Legal Question in Wills and Trusts in Texas
Affidavits of Heirship
In Texas, a community property state, it use to be that when one spoused died without a Will, that spouses interest would pass on to the Surviving children. Children would then have to sign a Deed transferring their interest over to Mom, if they were in agreement. This was starting to be an issue with surviving spouses and I think this was why the law changed. Someone told me that this law changed on 1/1/1993 whereby if a spoused died without a Will after this date, everything owned by the couple would pass on to the surviving spouse, leaving out the childred. This holds to be true, only if all the children are of the same marriage. It does not apply if there are other children of extra-marital affairs or a second marriage. If this is still correct, where can I get a copy of that Statue that made the change in the law?
1 Answer from Attorneys
Re: Affidavits of Heirship
In Texas, if a decedent dies without a valid Will, all probate property passes under the laws of "intestate" succession.
SURVIVED BY SPOUSE AND CHILD OR CHILDREN:
A. All surviving descendants of Decedent ARE also descendants of Surviving Spouse
1. Separate Real Property
1/3 to Spouse For Life
(Remainder to children) 2/3 equally divided
among children
2. Separate Personal Property
1/3 to
Spouse 2/3 equally divided
among children
3. Community Property
All to spouse
B. Surviving descendants of Decedent ARE NOT also descendants of Surviving Spouse
1. Separate Real Property
1/3 to Spouse For Life
(Remainder to children) 2/3 equally divided
among children
2. Separate Personal Property
1/3 to
Spouse 2/3 equally divided
among children
3. Community Property
Decedent's � Community Property
Equally divided among children Surviving Spouse's � Comm. Property
The surv. spouse retains his or her � community prop. interest
SURVIVED BY SPOUSE, NO DESCENDANTS, AND BOTH PARENTS:
A. Separate Real Property
� to Surviving Spouse 1/4 to father 1/4 to mother
B. Separate Personal Property
All to spouse
C. Community Property
All to spouse
SURVIVED BY SPOUSE, NO DESCENDANTS, AND ONE PARENT:
A. Separate Real Property
� to Surviving Spouse 1/4 to
surviving
parent 1/4 to
brothers and
sisters
B. Separate Personal Property
All to spouse
C. Community Property
All to spouse
SURVIVED BY SPOUSE, NO DESCENDANTS, AND NO PARENTS:
A. Separate Real Property
� to Surviving Spouse � to brothers and sisters
B. Separate Personal Property
All to spouse
C. Community Property
All to spouse
SURVIVED BY NO SPOUSE, BUT WITH SURVIVING CHILD OR CHILDREN:
All property is equally divided among the children. Children of deceased children take their parents share.
SURVIVED BY NO SPOUSE AND NO CHILDREN:
A. Both of Decedent's parents alive
� to Father � to Mother
B. Only one of Decedent's parents alive
� to surviving parent � equally divided among
Decedent's brothers and sisters
C. Neither parent of Decedent survives
All property is equally divided among
Decedent's brothers and sisters
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