What to do if wife passed away without a will,how can I go though probate in Texas?
Full Question:
Answer:
Some property passes outside of the estate such as joint tenancy property with rights of survivorship, pay on death accounts, beneficiary of insurance, etc. Property that would pass through the estate would be other person and real property owned by the deceased that does not transfer automatically.
Under the Texas Estates Code, when a person dies without a Will the provisions of the Code control who receives the property that passes through the estate.
Title 2, Subtitle E, Chapter 201, deals with intestate succession (no will). Texas is a community property State.
Under Section 201.003, the community property goes to the surviving spouse if the deceased did not have a child not of your marriage, or all children are children of you and your deceased spouse. If there is a child of the deceased from another marriage or otherwise, then 1/2 of the community property of the deceased goes to the child or children and you retain your 1/2.
Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE.
(a) If a person who dies intestate leaves a surviving spouse, the community estate of the deceased spouse passes as provided by this section.
(b) The community estate of the deceased spouse passes to the surviving spouse if:(1) no child or other descendant of the deceased spouse survives the deceased spouse; or
(2) all of the surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.(c) If the deceased spouse is survived by a child or other descendant who is not also a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the deceased spouse's children or descendants. The descendants inherit only the portion of that estate to which they would be entitled under Section 201.101. In every case, the community estate passes charged with the debts against the community estate.
For separate property of the deceased, if there are no children you as surviving spouse receive all of the separate property of your deceased spouse. If there are children you receive different percentages as provided in the statue below.
Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE.
(a) If a person who dies intestate leaves a surviving spouse, the estate, other than a community estate, to which the person had title descends and passes as provided by this section.
(b) If the person has one or more children or a descendant of a child:(1) the surviving spouse takes one-third of the personal estate;
(2) two-thirds of the personal estate descends to the person's child or children, and the descendants of a child or children; and
(3) the surviving spouse is entitled to a life estate in one-third of the person's land, with the remainder descending to the person's child or children and the descendants of a child or children.(c) Except as provided by Subsection (d), if the person has no child and no descendant of a child:
(1) the surviving spouse is entitled to all of the personal estate;
(2) the surviving spouse is entitled to one-half of the person's land without a remainder to any person; and
(3) one-half of the person's land passes and is inherited according to the rules of descent and distribution.(d) If the person described by Subsection (c) does not leave a surviving parent or one or more surviving siblings, or their descendants, the surviving spouse is entitled to the entire estate.
Since there was no Will you can do an independent intestate administration or dependent intestate administrations. Small estate rules may also apply. In order to determine how to proceed you should consult a local attorney to explain your options.
For informational purposes, this section deals with property of an intestate if there is not surviving spouse in Texas.
Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING SPOUSE.
(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.
(c) If no child or child's descendant survives the person, the person's estate descends and passes in equal portions to the person's father and mother.
(d) If only the person's father or mother survives the person, the person's estate shall:(1) be divided into two equal portions, with:
(A) one portion passing to the surviving parent; and
(B) one portion passing to the person's siblings and the siblings' descendants; or
(2) be inherited entirely by the surviving parent if there is no sibling of the person or siblings' descendants.(e) If neither the person's father nor mother survives the person, the person's entire estate passes to the person's siblings and the siblings' descendants.
(f) If none of the kindred described by Subsections (b)-(e) survive the person, the person's estate shall be divided into two moieties, with:(1) one moiety passing to the person's paternal kindred as provided by Subsection (g); and
(2) one moiety passing to the person's maternal kindred as provided by Subsection (h).(g) The moiety passing to the person's paternal kindred passes in the following order:
(1) if both paternal grandparents survive the person, equal portions pass to the person's paternal grandfather and grandmother;
(2) if only the person's paternal grandfather or grandmother survives the person, the person's estate shall:(A) be divided into two equal portions, with:
(i) one portion passing to the surviving grandparent; and
(ii) one portion passing to the descendants of the deceased grandparent; or(B) pass entirely to the surviving grandparent if no descendant of the deceased grandparent survives the person; and
(3) if neither the person's paternal grandfather nor grandmother survives the person, the moiety passing to the decedent's paternal kindred passes to the descendants of the person's paternal grandfather and grandmother, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants.
(h) The moiety passing to the person's maternal kindred passes in the same order and manner as the other moiety passes to the decedent's paternal kindred under Subsection (g).
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.