If the decedent is survived by a spouse and children (or descendants of deceased children) When a person dies without a will, the law determines who are the heirs, and assets are disposed of according to whether they are community or separate property.Ĭommunity property, whether real or personal, is distributed in this manner:ġ.

Thus, there can be separate real property, separate personal property, community real property and community personal property. Community property is all property, other than separate property, which is acquired by either spouse during marriage. Damages awarded during marriage from a personal injury lawsuit, except damages representing the loss of earning capacity, also are separate property. Separate property is that which is owned before marriage or acquired during marriage by gift or inheritance. In Texas, property is characterized as separate or community. The decedent's heirs may not be the persons to whom the decedent wished for his or her property to pass. On the other hand, if the decedent died without a will or if the will is declared invalid, the estate is distributed to the decedent's heirs as determined under Texas law. If the decedent died with a legally valid will, then his or her property is distributed according to his or her wishes as expressed in the will. After the payment of debts and claims, the remaining assets are distributed to the decedent's beneficiaries or heirs-at-law. Therefore, although title to property passes immediately at death, the assets of the estate are subject to the control of the executor or administrator of the estate for the purpose of settling the debts of and claims against the estate. The purpose of court involvement is to protect the rights of the family, those entitled to receive property, and the creditors of the decedent's estate. However, there must be an actual transfer of ownership of the property by proving the will in court or, if there is no will, by having a court of determine who are the decedent's heirs. Upon death, title to the decedent's property passes immediately to the beneficiaries under the decedent's will or to the heirs-at-law if the decedent died without a will. Personal property is all property other than real property, including cash and bank accounts, clothing and personal effects, household furnishings, motor vehicles, stock and bonds, life insurance policies, and government, retirement or employee benefits. Real property also includes oil, gas, and other mineral interests. Real property includes land and improvements located on the land. A death certificate must be issued, and the estate of the deceased individual (the decedent) must pass to others.Īn estate consists of the property, both real and personal, which the decedent owns at the time of death. Death is not only a personal issue but a legal one as well. Death confronts the family with bereavement, with the need to readjust emotionally and financially, and often with an unknown future.

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