What happens to my estate if I die intestate?
If you die without leaving a legally valid will in the state of Texas, you are said to have died "intestate." This means that Texas State law will determine how your estate is distributed. In Texas, the first person to receive any assets from your estate will be your spouse. If you have children, they and your spouse will each receive a percentage of the estate. If you are surviving by your spouse but have no children, the entire estate will go to them. If you have no living spouse, your children or grandchildren will receive your estate. If you have no direct descendants, your estate will be divided among your parents, siblings, and other relatives. If you have none of these, your estate will devolve to the State of Texas. In addition to distributing assets, the court may appoint an independent executor or personal representative to manage your estate. This individual will locate your assets and distribute them to your relatives or heirs, depending on the laws of intestacy. In some cases, the court may appoint a probate attorney to handle some of the details. In summary, if you die intestate in the state of Texas, your estate will generally be awarded to your spouse, children, parents, siblings, and other relatives, depending on who is still alive when you pass away. In the event that none of these relatives exist, the estate will be given to the State of Texas.
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