Hi, I'm trained and experienced in family law, and I would love to help you through your current situation. Under probate code chapter 2, section 45, their stepmother would receive half of community property (if she was the spouse when he died), and the children would split the rest of the community property. And, if she was the spouse at death she gets 1/3 of separate property, and the children would receive the other 2/3 (which is property received before or after marriage or through gift, devise, inheritance, or descent).
To probate the estate with no will in Texas, file the certificate of death in the probate court where the decedent died.
Thanks, XXXXX XXXXX the probate process begin? Will the children need to hire an attorney?
The procedure is governed by Title 38 of the Texas Probate code.
Then, tell the clerk that he died without a will and fill out an affidavit of hardship for all beneficiaries.
Ask for a motion to appoint administrator and fill out the forms (and double check that your county doesn't have additional forms to fill out).
Inventory the estate listing assets and debts.
Then, meet with the administrator regarding court dates, proceedings, and division of assets.
Remember, this is the process, which is information. This is not advice.
While an attorney is preferred and you can get a referral from the Texas state bar, you don't technically need one.
Do you have any further questions? I'm here to serve you.
My son and his sisters are adults and live in different cities. The deceased lived in Houston. They have no idea exactly what were their father's assests and debts. Would they list those that they are aware of?
If that's the best that can be done, yes.
Where can they find more information on probating an estate in Texas?
Such as a guide, for example?
The Texas Estate Planning and Probate Manual is highly reputed (though a bit expensive).
Thank you, XXXXX XXXXX been most helpful.
You are most welcome. Please rate me well for my service to you before exiting the forum.
Also, another source is the Texas Probate Passport:
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).