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Texas laws favor the surviving spouse inheriting the estate, but she may not always inherit the entire estate. This is because Texas laws distinguish property between separate and community property.
If you and your spouse have minor children, you should agree on and name a guardian for them in your wills. If one of you were to pass away, usually the remaining parent would maintain custody. But if both of you were to pass away at the same time, your guardian would be the one to care for your children.
When a person dies without a will (called dying intestate), the court may need to appoint an administrator to deal with the estate. An administrators job includes paying the deceaseds debts and distributing their assets. A person who wants to take on this role must apply to court.
Key takeaways for a Texas last will and testament Texas recognizes holographic wills, which are entirely handwritten by the testator and do not require witness signatures, and for a will to be valid, the testator must be at least 18 years old and of sound mind. Texas does not impose estate or inheritance taxes.
When there is no will, the person is considered to have died intestate. Every state has intestacy laws that determine what happens to the property. In Texas, the surviving spouse and children will usually inherit all probate assets.
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Who Gets What in Texas? If you die with:heres what happens: children but no spouse children inherit everything spouse but no children, parents, or siblings spouse inherits everything parents but no children, spouse, or siblings parents inherit everything siblings but no children, spouse, or parents siblings inherit everything5 more rows
In Texas, the surviving spouse and children will usually inherit all probate assets. If there are no children or grandchildren, the property may pass to the spouse, parents, siblings, nieces, nephews, and/or other heirs, depending on the situation. Intestacy laws dont apply to nonprobate property.

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