Intestate Succession

Intestate Succession Lawyers in Rockwall and Wylie 

Experienced Texas attorneys advise clients when no valid will exists

Every adult should have a valid will setting forth who is to receive their assets upon their death. Without one, Texas law determines who gets the deceased person’s property, rather than the decedent. At Grob & Associates Law Firm PC, we advise heirs and estate administrators in situations where assets are to be passed through intestate succession. We also draft enforceable wills to help clients and their loved ones avoid intestacy in the first place. Our attorneys serve clients from offices in Rockwall and Wylie. 

Understanding intestate succession

Under the Texas intestate succession process, assets are distributed to family members based on a specific hierarchy. Each person in a particular class receives an equal share of a decedent’s separate assets. For example, if someone is not married upon their death, but has three children, their estate would be divided equally among those children, even if the parent did not want to leave anything to one child due to estrangement or their child’s financial situation. You can rely on us to guide you skillfully through this complex inheritance process, explaining the difference between community and separate property where applicable, and detailing the specific allocation mandated by state law. 

Factors leading to intestate succession

Issues that most commonly lead to intestate succession include the following: 

• Failure to make a will at all

• Improperly preparing a will, which invalidates it

• Revoking a will without making a new one

• A lost or destroyed will

• Partial intestacy, which is when a person has a will that does not dispose of all their assets, or a beneficiary has passed and there is no secondary heir named.

Our attorneys are accomplished at will drafting and the full spectrum of estate planning services. We help Texans develop comprehensive strategies to ensure their final wishes are carried out.  

Potential risks of succession in the absence of an enforceable will

The consequences of not having a valid will in place are numerous. Most importantly, you lose control over how your property is divided. In some cases, the people you want to inherit your assets may not get anything. Without clarity about your final wishes, disputes can arise between family members about asset distribution, guardianship of your children and administration of your estate. These uncertainties can lead to delays and much higher legal costs if disputes end up in litigation. 

What happens to the assets in intestate succession 

Only assets that are subject to probate are governed by intestate succession law. Some examples include real property owned solely by the deceased, jewelry and other personal belongings, financial accounts without named beneficiaries, and sole proprietorship business assets. On the other hand, the following types of assets are not subject to intestate succession law in Texas:

• Property held in trusts
• Payable-on-death bank accounts and joint accounts
• Real property owned with someone else or for which there is a transfer-on-death deed
• Retirement accounts with designated beneficiaries
• Life insurance accounts with named beneficiaries 
• Motor vehicles with transfer-upon-death registrations

While a plan can be set up that keeps some assets out of probate and thus not subject to intestacy law if there is no will, a valid will helps assure that all your assets and belongings are passed on as you want them to be. Our law firm provides knowledgeable legal counsel to testators, estate administrators and family members of individuals who died intestate.   

Contact our Texas lawyers to discuss an intestate succession issue

Grob & Associates Law Firm PC, with offices in Rockwall and Wylie, addresses the intestate succession and asset distribution concerns of North Texas residents. Call 972-777-5701 or contact us online to arrange a consultation.