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

1993)-2025

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The document outlines the rules of descent and distribution of property in Texas for individuals who die without a will, effective for decedents dying after September 1, 1993. It details how separate personal and real property is allocated among surviving spouses, children, and other relatives based on various scenarios, including whether the decedent was married or unmarried and whether they had children or descendants.

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What will happen if you die without having created a will?

If there is no will, the decedents property goes to their relatives based on intestate succession law. The other partner will retain their separate property only. Property owned by both parties as tenancy by the entirety or joint tenants with the right of survivorship will pass to the surviving partner.

What happens if a will is not followed after death?

Those who die without a valid will are said to have died testate. A will is a legal expression by which a person directs how his or her property is to be distributed after death. Once made, a will cannot be changed or canceled. The property of the deceased escheats to the state if there are no inheritors.

What happens if you dont have a beneficiary or will?

Probate is the legal process where the court determines how your assets, including life insurance policies, are distributed if you have not specified your wishes. The probate process can take a few weeks to more than a year if there are no beneficiaries named, since the court must analyze the rest of your estate plan.

What are the negatives of not having a will?

Not having a will means that the default rules of your state for how your estate is divided and who gets custody of your minor children rather than your choice. This is expensive, meaning your heirs may get less money and it takes longer for them to get anything.

Is it more expensive to die without a will?

Moreover, there are expenses. There are probate fees, lawyer fees, appraiser fees and court costs. In this case, those fees will be in excess of 5% of the value of the estate.

What would be a consequence of not having a will?

However, if you feel an executor is not satisfying the requirements of the will, and is actively defying the wishes of the deceased, there are steps you can take to have them removed. A probate court monitors the probate process, which means the probate court can also have an executor removed.

The Legal Effect of Not Having a Will (for decedents dying after 9/1/1993)-2025

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What will happen if you die without having created a will?

What happens if a will is not followed after death?

What happens if you dont have a beneficiary or will?

What are the negatives of not having a will?

Is it more expensive to die without a will?

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The Legal Effect of Not Having a Will (for decedents dying after 9/1/1993)-2025

Here's how it works

How to change The Legal Effect of Not Having a Will (for decedents dying after 9/1/1993) online

Complete this form in 5 minutes or less

Got questions?

What will happen if you die without having created a will?

What happens if a will is not followed after death?

What happens if you dont have a beneficiary or will?

What are the negatives of not having a will?

Is it more expensive to die without a will?

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