Loved One Died Without a Will (Part 1)

Posted by Winifred "Wini" Cannon | Mar 31, 2021 | 0 Comments

Here are the things you could do to get the assets of your loved one when they have not prepared a will.

The Long, Long Title

The first one we're going to talk about is a long title. It's called the Application for the Determination of Heirship and Application for Independent Administration and a Request for Testamentary Letters.

Now, because that's a long title and we're going to file this thing as one document. But for purposes of our discussion today, I'm going to write about the Determination of Heirship first. We'll follow up in the subsequent blog posts regarding the two other aspects of this application.

The Determination of Heirship

Determination of heirs is a prerequisite.

Because the person didn't write a will, the State of Texas wrote a will on your beloved's behalf. And it codified this law into the Texas Estate Code. And it says it determines who your heirs are. So basically this is a scheme of laws called Intestate Succession.

If you have a wife and children, your assets will be divided in accordance to whether or not the children were all children born to you and your wife, if they are your husband's, your spouse's. But if you have children that were born outside of the marriage, if the decedent had children born outside of the marriage, then the distribution of property will be determined on another scheme.

And we're not going to give any examples, but they're tied directly to the Texas State Code. But just for your general information, when you're determining heirs, we need to know if there are any living spouses and if there are any children. The children, we want to know about, whether they are dead or alive, because even the children who are deceased, maybe their children would take their representative share.

But the main thing is determining who the heirs are, the children, where they were born and their relationship to the decedent. And we will specify what we propose is being their distributive share, their proportionate share. So that's it really for the Determination of the Heirship.

About the Author

Winifred "Wini" Cannon

Winifred “Wini” Cannon knows how business owners may be impacted when retirement, incapacity, or death occurs without a good plan in place. One example that is very common is in the instance where one partner dies leaving the other trying to stay in business complicated by the...


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