When a person dies without leaving a will, their property in Texas is passed through the Texas system of Decent and Distribution. This is called ‘’intestacy’’.

We’ve created this chart to help you make sense of the process in simple cases, and to help you determine who now owns the property.

The intestacy process in Texas can be complicated, confusing, and expensive. What makes it more complicated is that Texas is one of only nine ‘’community property ‘’ states. Community property states differentiate between a spouse’s separate property – which is property owned before the marriage, acquired by gift or inheritance, and property acquired in recovery for personal injuries- and community property which is everything else that is acquired by either spouse during the marriage.

Many times, loved ones passed on many years ago and the real estate that they owned is still in their name. Property in Texas can be subject to Descent and Distribution, even if they left a will, when it has been more than four years since they passed away.

Alamo Note Buyers can buy your real estate and real estate notes with or without a will, we know what it takes to get the property sold and can often save you legal fees.

Source: https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Estate-Tax