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Basic Principles If there is no spouse or descendants, the testators parents and/or their descendants (collateral relatives of the testator) inherit the estate. If there are no parents or descendants of parents, grandparents and other collateral relatives inherit the estate per capita.
If you die without a will, your estate is divided among your closest relatives ing to your states intestate statutes. Generally, this divides your assets among your spouse and children. If you have no spouse or children, it is divided among grandchildren, parents, or other more distant relatives.
Childrens Shares in Texas. If you die without a will in Texas, your children will receive an intestate share of your property. The size of each childs share depends on how many children you have, whether or not you are married, and whether your spouse is also your childrens parent.
Another problem with intestate succession is that it can result in the Decedents assets being distributed to people who they may not have wanted to receive them. For example, if the Decedent was single, their assets may be distributed to their estranged children or other estranged relatives.
While community property will go entirely to the spouse, separate property will be divided among the spouse, siblings, and parents. If the person was married multiple times, the entire property will pass on to the current spouse (if they have kids from the person).

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The laws of intestacy establish a specific order of priority for the distribution of assets. Typically, a surviving spouse and children are given priority, followed by other close relatives, such as parents and siblings. If there are no surviving relatives, the assets may escheat to the state.
What is Intestate Succession? Intestate succession is basically what happens when someone passes away without a valid Will or some other legal declaration. The result? A court distributes property ing to current state laws rather than using the decedents plan (or input from those closest to him or her).
Inheritance Rights Of Children And Grandchildren In general, children and grandchildren have no legal right to inherit a deceased parent or grandparents property. This means that if children or grandchildren are not included as beneficiaries, they will not, in all likelihood, be able to contest the Will in court.

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