When you wish to act as administrator for the estate of someone who died intestate, you should notify the Probate Court in the county where the decedent lived. When possible, courts usually appoint a close family member who has demonstrated the willingness and ability to handle the probate process. Given the absence of a will, property owned by the deceased is not distributed based on what their preferences might have been, but Texas intestate succession laws. 

Intestate succession is a priority system in which heirs are determined by their familial relationship to the decedent. Each family member in a particular category is treated equally. It does not matter that the person who died was very close to one sibling, but estranged from the other. They both receive the same value. The order of priority generally follows this structure:

• Surviving spouse — Community property acquired during the course of the marriage is typically owned equally by both spouses. If the decedent had no children or grandchildren from other relationships, the surviving spouse takes full ownership of community property. When the decedent did have children or grandchildren unrelated to the surviving spouse, those descendants inherit the deceased individual’s share of their community property and two-thirds of their separate personal property. 

• Children and grandchildren — If there is no surviving spouse, the estate passes completely to the decedent’s children in equal shares. In situations where a son or daughter passed away prior to the decedent, their children, if any, receive their inheritance.

• Parents and siblings — Next in the succession priority for unmarried people who die without living descendants are parents and siblings. For example, if one parent and multiple siblings survive the decedent, half of the estate goes to the parent while the other half is divided among the siblings. 

Most situations do not require it, but extended family members such as grandparents, aunts, uncles, cousins might be entitled to inherit assets if closer relatives are not alive. 

Intestate succession provides a legal roadmap, but it is not a substitute for a well-drafted estate plan. If you’ve lost a loved one who had no will—or want to prevent your loved ones from having to deal with intestacy—speaking with an experienced Texas attorney can make all the difference.

Grob & Associates Law Firm PC advises Texans on a wide range of probate and estate planning issues. Please call 972-777-5701 or contact us online for a consultation. Our offices are in Rockwall and Wylie.  

Heirs and interested parties can challenge a last will and testament for several reasons, but the decision to do so should only be made after careful thought and consultation with a qualified probate litigation attorney. To halt enforcement of a will’s terms, a challenger must prove one of the following grounds by a preponderance of the evidence:

• Forgery, alteration or deception — A signature that does not seem to be accurate might signal a forgery. There could also be other language in the document that appears to have been added or changed by someone beside the purported testator. Another potential ground is that the person who signed the will was deceived about its contents.
• Undue influence — Elderly individuals and those suffering from serious physical ailments could be vulnerable to coercion from a dishonest person. If you suspect undue influence led the decedent to put something in their will that did not reflect their true intentions, it is important to take prompt action. Many of these cases involve friends and family members who try take advantage of the testator’s trust in them. Courts look for isolation of the testator, a confidential relationship with the influencer, sudden changes from prior estate plans or the influencer’s active participation in preparing the will.
• Failure to meet legal requirements — Texas wills must be written and signed by a legal adult testator, as well as two disinterested witnesses. A possible flaw could be that a witness is an interested party. Additional rules exist for handwritten documents. There is a four-year deadline from the date of the decedent’s passing to start the probate process unless the court finds special circumstances exist.
• Lack of testamentary capacity — To make a valid will, a person must understand the nature of what they are doing. If the testator suffered from dementia, severe illness or another impairment at the time of signing, medical records and witness testimony can support a capacity challenge.

Don’t hesitate to contact a lawyer if you have suspicions about a will, because strict deadlines apply to contest the validity of a testamentary document.  

Our experienced attorneys at Grob & Associates Law Firm PC represent clients in will contests and other forms of probate litigation from our North Texas offices in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online.