The Legal Effect of Not Having a Will (for decedents dying after 9/1/1993)-2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by reviewing the first section regarding married persons with children. Fill in the details about the decedent's separate personal property, noting that one-third goes to the surviving spouse and two-thirds is divided equally among children.
  3. Next, address the separate real property. Indicate that the surviving spouse receives a life estate of one-third, while children will inherit all remaining property equally after the spouse's passing.
  4. Continue to complete sections for unmarried persons and those without descendants. Ensure you accurately reflect how property is distributed based on Texas law as outlined in the document.
  5. Review all entries for accuracy before saving your completed form. Utilize our platform’s features to sign and share your document securely.

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children (or if none, grandchildren) will get an equal share. if there are no children or grandchildren, surviving parents will get a share. if there are no children, grandchildren or surviving parents, any brothers and sisters will get a share (or their children if they died while the deceased was still alive)
The executor the person named in a will to carry out what it says after the persons death is responsible for settling the deceased persons debts. If theres no will, the court may appoint an administrator, personal representative, or universal successor and give them the power to settle the affairs of the estate.
If you pass away without an estate plan in place, the laws of the state where you reside at the time of your death determine the distribution of your assets among your spouse, children, parents, and in some cases, other closest living relatives.
Intestate is the term the law uses when a person dies without making a will, and next of kin refers to the people first in line to inherit from your estate as heirs. Every state applies its own intestate succession laws to determine who your heirs are and how to distribute your assets.
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