Heirship Affidavit
A court may determine through a proceeding to declare heirship
(1) decedent’s heirs and (2) the heirs’ respective shares and interests in the decedent’s estate. The court will NOT determine whether certain property of the decedent was community or separate property.
A spouse and parents: spouse inherit all community property, all separate personal property, and ½ of separate real estate; parents inherit everything else. One parent and siblings, but no spouse: parent inherits ½ of property; siblings equally share ½ of remaining property.
Children’s Shares in Texas. If you die without a will in Texas, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also your children’s parent.
estate divides separate personal property between your spouse and your children, with two thirds afforded to all the children and the leftover one third going to the spouse. Separate real property is divvied out in the same manner, but once the surviving spouse dies, real property is transferred to the children.
Heirship in Texas can be broken down into several different categories. These include: Spouses. Children, including adopted and illegitimate children.
The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don’t have to approve of the sale.
If the deceased did not have a spouse or children, his/her parents, aunts/uncles and/or siblings will inherit from his/her deceased estate. If the deceased did not have a spouse, children, parents, aunts/uncles and siblings, his/her relatives most closely related to him/her will inherit in equal shares.