How to open probate if there is no Will?.

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How to open probate if there is no Will?.

Property worth $52,000; 10 siblings living from 2 wives and 1 father;  5siblings  passed. Father passed;  wives passed; no Will. Want to settle property ownership once and for all.

Asked on June 27, 2011 under Estate Planning, Texas

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  When a person dies with out a Last Wl and Testament n place, it in known as dying "intestate" and his or her estate will be distributed according to the intestacy laws of the State in which he lived.  The estate is probated in the county in which he resided at the time of his death.  Now, each state has what is known as a small estate proceeding which allows estates of a certain size to be handled in a less formal - for lack of a better word - way.  The process is often simpler and less expensive and less time consuming.  Now, it is my understanding that in Texas the children of the decedent - your Father - take equally under the intestacy statutes.  And the children of those of your siblings that are deceased will inherit their parent's portion of the estate to be divided equally between them.  So under the amount you have given above each sibling would receive $5,200.  The children of a deceased sibling share in the $5,200 of their parent.  Now, in Texas a small estate is that which is under $50,000 so I would see about that issue.  Good luck.


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