Austin Intestate Succession Lawyer

In Texas, intestate succession follows a strict order of distribution that depends on whether the decedent was married, had children, owned separate or community property, or left living parents or siblings behind.

Your role in the process and right to inherit will depend entirely on these factors. At Lewis Law Firm, PLLC, we will walk you through each step and help ensure the correct administration of your loved one’s estate.

How Does an Intestate Succession Lawyer Help You Identify Heirs?

Every estate begins with identifying the decedent’s heirs. Texas courts use a formula established by statute to determine who inherits and the amount of inheritance. An intestate succession lawyer in Austin can work with you to gather documents, trace family connections, and determine whether an heirship proceeding is required.

The main questions the court will ask include:

• Was the person married at the time of death?
• Did they have children, and if so, from which relationships?
• Were any children adopted or deceased?
• Is there community or separate property?
• Do any parents or siblings survive them?

Each of these questions affects the share of the estate. If there is any dispute about lineage or heirship, the court may require a hearing with testimony. Heirship proceedings can be complicated and require careful handling to ensure a valid distribution of assets.

Separate vs. Community Property in Texas

Texas is a community property state, meaning property acquired during marriage is generally shared between spouses. However, not all assets fall into that category.

Separate property includes:

• Property acquired before marriage,
• Inheritances and gifts received individually, and
• Personal injury recoveries (excluding lost wages).

Understanding the distinction is critical because, according to intestate succession rules, separate property may pass to children instead of a surviving spouse. For example, if a man dies without a will, leaves behind a wife and two children, and owns separate real estate, his children may inherit a majority interest.

Your intestate succession lawyer in Austin will examine deeds, account statements, and titles to determine how property should be categorized.

Common Problems During Intestate Succession

Intestate estates can lead to delays or conflict even in families with good intentions, which is why consulting an Austin estate planning attorney early in the process can prevent costly mistakes. Several situations often lead to confusion or disagreement during this process, such as:

• Uncertainty over who qualifies as an heir,
• Stepchildren or half-siblings with unclear rights,
• Disputes over whether the property was jointly owned,
• Out-of-date beneficiary designations, and
• Family members with criminal or financial issues.

The court may require affidavits, hearings, or witness testimony when these issues arise. A well-documented petition and a sound legal argument can often resolve many of these problems without the need for extended litigation. An Austin intestate succession attorney prepares for these hurdles early to reduce the risk of delay.

How the Texas Probate Court Handles Intestate Cases

In Travis County, the probate court typically hears intestate succession matters. A formal administration may be necessary if the estate includes real property or significant assets. The judge will appoint a personal representative, also called an administrator, to inventory the assets, settle debts, and distribute the estate according to state law. An Austin probate attorney can help ensure these steps are handled efficiently and in compliance with Texas law.

A more straightforward process may apply in smaller estates. If the estate qualifies, heirs can use a small estate affidavit to transfer property without full administration. This is limited to estates with less than $75,000 in value (excluding homestead property).

An Austin intestate succession lawyer can help you determine whether an administration or affidavit applies and help ensure all documents are filed correctly with the Travis County probate clerk.

Real Property and Affidavits of Heirship

When the main asset in an estate is real estate, a formal probate case may not always be necessary. Sometimes, an affidavit of heirship filed in the deed records can establish ownership.

These affidavits are commonly used when:

• The estate includes only land or a home,
• No debts need to be paid from the estate,
• Heirs agree on the distribution, and
• More than four years have passed since the death.

Affidavits of heirship must be signed by two disinterested witnesses and filed in the real property records. They can serve as evidence of title in future sales, but may not be sufficient for title companies in all cases. An intestate succession lawyer can advise whether this option aligns with your goals.