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The surviving spouse automatically receives all community property. Separate personal property also goes completely to the surviving spouse, while separate real property is split down the middle between the surviving spouse and the deceased's parents, siblings or siblings' descendants, in that order.
The bank will usually request to see a Grant of Probate before releasing any funds. This is because they are legally obligated to check if they are releasing money to the right person. Once the bank is satisfied with the Grant of Probate, they will release the funds.
Spoiler alert: probate is only necessary if the deceased spouse passes away owning property held solely in their name.
The term usually means your nearest blood relative. In the case of a married couple or a civil partnership it usually means their husband or wife. Next of kin is a title that can be given, by you, to anyone from your partner to blood relatives and even friends.
Probate is usually needed if the estate of the person who died is worth more than £10,000. You can read our guide on what is probate for more information. If most of the assets in the estate were jointly owned \u2013 such as a joint mortgage or bank account \u2013 probate may not be needed.

People also ask

The executor or administrator is the person authorised to access the deceased person's assets and distribute them. You might need to apply for a 'grant of representation' known as a probate to prove that you are the executor or administrator.
Answer: Article XVI, Section 52 of the Texas Constitution permits the surviving spouse the right to live in your homestead (even if it is your separate property and even if you have a pre or postnuptial agreement and even if your Will disinherits him or the property passes by intestacy) for the rest of his life.
If there is no Will, or the nominated executor is unwilling or unable to accept office, or the testator was predeceased by the nominated executor then an application should be made to the Sheriff Court for the appointment of an executor, known as an executor-dative.
If the deceased did not make a valid Will, the order of priority remains the same, except that the next of kin, or a surviving spouse or civil partner would have preference. The executor-dative must obtain a 'bond of caution' from an insurance company.
If you don't have a will, rules called the rights of succession dictate how your money, property or belongings are distributed after your death. This may not be the way that you wanted your money and belongings to be distributed. Find out more about rights of succession on the Scottish Government website.

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