08/03/2023
First in our Series - Commonly used, but often misunderstood or misused terms.
Heirs –
Heirs are defined as the people who would inherit under Texas law if a person dies without a Will.
While this includes spouses and children, it isn’t limited to them. Further, a person’s heirs may not be the family that is closes to them in terms on consanguinity.
For example, take a situation where an unmarried Decedent has no living descendants (children, grandchildren, etc.), one living parent, a deceased sibling who shares the deceased parent with the Decedent, and living nieces and nephews from the deceased sibling.
The living parent is entitled to ½ of the Decedent’s estate as an heir, but the other ½ goes to the nieces and nephews.
If that same Decedent was married, the surviving spouse is entitled to all of the community property, all of the Decedent’s separate personal property, and ½ of the Decedent’s separate real property, with the remaining ½ of the separate real property going to the heirs listed above.
Regardless of how remote the relationship, every person in Texas has heirs.