In Texas, probate serves to pass title to the decedent’s heirs and/or beneficiaries. If a person dies without a will, the estate passes “intestate” to his legally defined heirs. Heirs are certain relatives in certain fractions. The identity of a decedent’s heirs varies depending on the decedent’s situation, taking into account what type of property the decedent owned and whether the decedent was married, had children, had children from previous marriages, etc. If a person dies with a will, his estate passes to his beneficiaries. Beneficiaries are the people named in a decedent’s will—these are not necessarily the same people who would be his intestate heirs. You can leave your estate to anyone or almost anything, related or not—but you need a will to do so.
Determining the identity of beneficiaries is usually very easy because they are named in the decedent’s will. Your attorney can draft a will that is sufficiently specific to allow easy identification, which is important for clarity and ease of probate after you pass away.
Intestate heirs can be more difficult to determine. Intestate heirs are defined by Texas law. Lawmakers chose the intestate distribution based on the theory that people would want their spouse and relatives to inherit their property in certain defined amounts. You can see an Intestate Distribution Chart designed for Texas by clicking this sentence.
Finding all the people who are a decedent’s intestate heirs can be easy, but can also be extremely difficult in some cases. When family members are scattered across the state, the nation, or even the world, tracking them down is a significant burden and can be very costly. For this reason, we recommend that people have a will made—even if the will leaves property in the exact same proportions that intestate succession defines.
Wills do not expire, so it is never too early to take care of this important document. Come and see us at Martin, Millican, Henderson & Shrum in Lampasas County. We have been serving our friend and neighbors in Lampasas, Copperas Cove, Kempner, Lometa, Llano, and Bend since 1975. A will can save your relatives hundreds or even thousands of dollars, help prevent family disagreements, and make sure that your property is distributed exactly as you desire. Wills are very flexible instruments and can be simple or elaborate—we will help you create a plan that best fits your needs. Contact us today; we will help you make a will that sets your mind at ease.
This blog post only applies to the laws of Texas. The post may or may not match your individual situation. Be careful not to treat it as specific legal advice, as it may not meet your individual needs. It may give you a solid basis for discussion with your own attorney. You should consult with your personal attorney before you take any action on this or any legal issue. Also, please be aware that laws change, so this column is valid only as of the date it was published. This communication does not create an attorney-client relationship between the author and the reader.
Determining the identity of beneficiaries is usually very easy because they are named in the decedent’s will. Your attorney can draft a will that is sufficiently specific to allow easy identification, which is important for clarity and ease of probate after you pass away.
Intestate heirs can be more difficult to determine. Intestate heirs are defined by Texas law. Lawmakers chose the intestate distribution based on the theory that people would want their spouse and relatives to inherit their property in certain defined amounts. You can see an Intestate Distribution Chart designed for Texas by clicking this sentence.
Finding all the people who are a decedent’s intestate heirs can be easy, but can also be extremely difficult in some cases. When family members are scattered across the state, the nation, or even the world, tracking them down is a significant burden and can be very costly. For this reason, we recommend that people have a will made—even if the will leaves property in the exact same proportions that intestate succession defines.
Wills do not expire, so it is never too early to take care of this important document. Come and see us at Martin, Millican, Henderson & Shrum in Lampasas County. We have been serving our friend and neighbors in Lampasas, Copperas Cove, Kempner, Lometa, Llano, and Bend since 1975. A will can save your relatives hundreds or even thousands of dollars, help prevent family disagreements, and make sure that your property is distributed exactly as you desire. Wills are very flexible instruments and can be simple or elaborate—we will help you create a plan that best fits your needs. Contact us today; we will help you make a will that sets your mind at ease.
This blog post only applies to the laws of Texas. The post may or may not match your individual situation. Be careful not to treat it as specific legal advice, as it may not meet your individual needs. It may give you a solid basis for discussion with your own attorney. You should consult with your personal attorney before you take any action on this or any legal issue. Also, please be aware that laws change, so this column is valid only as of the date it was published. This communication does not create an attorney-client relationship between the author and the reader.
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