If someone dies without a Will and has no husband or children, how are their assets distributed?

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If someone dies without a Will and has no husband or children, how are their assets distributed?

Deceased sibling with 5 surviving siblings. She had $200, a car,and  a diamond ring.

Asked on August 8, 2010 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for you loss.  When a person dies without a Will they are stated to have dies "Intestate" and the intestacy statutes in the state will kick in.  Texas intestacy law states that if a person dies without a spouse or children then the estate passes to his or her parents in equal shares.  I am assuming that there are no parents here wither.  If there are no parents then it would go to the "brothers and sisters of the intestate and their descendants."  Someone has to be appointed as the Personal Representative of the estate in order to distribute the assets.  The Personal Representative must also pay off the debts of the estate with the assets.  It appears that you have a small estate here.  Texas allows for the processing of an estate under $50,000 with a Small Estate Affidavit.  Go down to the Probate Court in the county in which your sibling resided at the time of her death.  The clerk can help you with the forms needed.  Good luck.


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