If a person dies without any heirs, their estate is called intestate. This means that the state will decide what happens to the estate. The laws surrounding intestate estates can be complex and vary from state to state. In Texas, if a person dies without any heirs on either the paternal or maternal side, their estate will go to the state. The state will then use the estate to pay off any debts the deceased owed and any taxes owed. After that, the state will sell the assets of the estate and use the proceeds to fund public schools.
What Is Probate?
When a person dies, their property must go through the probate process before it can be transferred to their beneficiaries. Probate is the legal process of distributing a deceased person’s assets. The court appoints an executor or administrator to oversee the estate and carry out the deceased’s wishes as stated in their will. If the deceased did not have a will, the court will appoint an administrator and the estate will be distributed according to Texas law.
The first step is to file a petition with the court. Once the petition is filed, the court will set a hearing date and notify all interested parties. At the hearing, the executor or administrator will present their plan for distributing the assets of the estate. The court will then issue an order approving or disapproving of the plan.
If you are named in someone’s will as a beneficiary, or if you are an heir of someone who died without a will, you should contact a probate attorney to discuss your rights and options.
How to find missing heirs in Texas
There are a few ways to go about finding missing heirs in Texas. The first step is to contact the county clerk in the county where the deceased person lived. The county clerk will have a record of the deceased person’s last will and testament, if one exists. If there is no will, the county clerk will have a list of the deceased person’s next of kin.
Next, you can try contacting the Texas Comptroller’s office. The Comptroller’s office maintains a database of unclaimed property, which includes money and other assets that have been left behind by deceased people. You can search the database by the deceased person’s name, and if there is any unclaimed property listed in their name, you may be able to claim it.
Finally, you can also try searching online databases. These websites allow users to search for people who have died and create online memorials for them. You may be able to find information about the deceased person’s family members on these websites.
The Texas Unclaimed Property Fund
The Texas Unclaimed Property Fund is a state-operated fund that holds and disburses money and other property that has been abandoned or unclaimed by its rightful owner. The fund is overseen by the State Comptroller’s office and is used to offset the costs of operating state government.
Each year, millions of dollars in unclaimed property are turned over to the Comptroller’s office by businesses and other organizations. This property includes things like unclaimed wages, refunds, utility deposits, insurance benefits, and the contents of safe deposit boxes. Most of this property is turned over because the owner cannot be located or has died without leaving a forwarding address.
If you believe you are entitled to unclaimed property held by the state of Texas, you can search for it online at the Comptroller’s website. You can also file a claim with the Comptroller’s office if you have documentation proving your ownership of the property.
What happens when there are no heirs on either the paternal or maternal side?
In Texas, if no heirs can be found on either the paternal or maternal side, the estate typically goes to the state. The state will then sell the estate and use the proceeds to pay off any debts of the deceased. If there are no debts, the proceeds will go to the general fund of the state. Although as we see in State v. Estate of Loomis, the general rule is sometimes more nuanced.
Texas Case Law
In Texas, the intestate succession laws are set forth in the Texas Estates Code. Under these laws, if a person dies without a will, their estate will be distributed to their heirs according to certain rules.
If the deceased has no children or grandchildren, their estate will go to their parents or grandparents. If the deceased has no living parents or grandparents, their estate will go to their siblings. If the deceased has no living siblings, their estate will go to their Aunt and Uncle.
If the deceased has no living Aunt and Uncle, their estate will go to their first cousins. And finally, if there are no living first cousins, the estate will go to the state of Texas.
State v. Estate of Loomis, 553 S.W.2d 166 (Tex. Civ. App. — Tyler 1977, writ ref’d).
Legal Terminology
Escheat:
When a person dies intestate and with no heirs, the estate will go to the state.
Moiety:
Half of an estate.
Facts and Procedural History
J. A. Loomis died intestate and had no surviving husband, children, parents, or siblings. Both paternal grandparents predeceased her and left no descendants. Her maternal grandparents both predeceased her but left behind 31 descendants. The administrator of the estate filed an application of heirship alleging that there were 31 maternal heirs and no paternal heirs. Through its Attorney General, the State of Texas filed a Plea of Intervention and answer. The Attorney General alleged that if no paternal heirs were found, the portion of the estate that would have gone to the paternal heirs would escheat to the state. The trial court awarded the entire estate to the maternal heirs and the State appealed.
The State alleged that the trial court erred in giving the paternal side’s one half to the maternal side and erred in not holding that the paternal one-half would escheat to the state. It argued that when no spouse, children, parents or siblings survive, the estate is split into two moieties for the maternal and paternal sides. It stated that since there was no one to take the paternal moiety, the property should be treated as if there were no heirs and escheat to the state.
The court held that when there are no heirs on either the paternal or maternal side, the estate does not divide into two moieties. The estates code is interpreted to say the estate instead passes entirely to the “nearest lineal ancestors and their descendants.” The court found that the legislature only intended for the escheat statute to apply if a person dies intestate with no heirs. Therefore, the judgment is affirmed.
Main Consideration
If no heirs can be found on either the paternal or maternal side, where does the estate go?
The whole estate then passes to the other side.
Takeaway
State v. Estate of Loomis shows that if no heirs can be found on either the paternal or maternal side, the entire estate passes to the other side.
Conclusion
If you find yourself in the situation where there are no heirs on either the paternal or maternal side, don’t worry — the estate will still go to your beneficiaries. In Texas, if there are no heirs on either the paternal or maternal side, the estate will go to your spouse. If you don’t have a spouse, the estate will go to your children. If you don’t have any children, the estate will go to your parents. And if your parents are deceased, the estate will go to your siblings. So as you can see, even if there are no heirs on either side, there’s still someone who will inherit your estate.
Do you need an Experienced Probate Attorney to help?
An experienced probate attorney can help you determine if you need to go through the probate process and can assist you with the paperwork and court appearances, if necessary. Probate can be a complicated and time-consuming process, but an experienced attorney can help make it as smooth and stress-free as possible. Call us today for a FREE consultation. (361) 502-4240.
Related questions
Who inherits in Texas when there is no will?
The estate will typically go to the state of Texas if no heirs can be found.
What happens if there is no will (die without a will or intestate succession) in Texas?
In Texas, if someone dies without a will, their estate will go through intestate succession. This means that the court will appoint an administrator to manage the estate and distribute the assets according to state law. The court will also determine who the heirs are and how much each heir will receive. If no heirs can be found on either the paternal or maternal side, the estate will go to the state of Texas.
What is the order of heirship in Texas (descent and distribution)?
If you die intestate in Texas without any known heirs, your estate will go through a process of intestate succession. The first step is to determine if there are any surviving descendants of your grandparents on either your father’s or mother’s side. If there are, they will inherit your estate. If there are no surviving descendants of your grandparents, the next step is to see if there are any surviving siblings or their descendants. If so, they will inherit your estate. If there are no surviving siblings or their descendants, the next step is to see if there are any surviving aunts or uncles or their descendants. If so, they will inherit your estate. This process continues until a heir is found.
Where does inheritance go if no family?
In Texas, if no heirs can be found on either the paternal or maternal side, the estate goes to the state. The state will then use the estate to pay off any debts of the deceased and any taxes owed. Any remaining assets will be distributed according to the laws of intestate succession.
Is inheritance community property under Texas law?
In Texas, community property is generally divided equally between spouses upon divorce. However, there are some exceptions to this rule. One exception is when one spouse inherits property from their parents or other relatives. In this case, the inherited property is not considered to be community property and may be awarded to the inheriting spouse in a divorce.
Another exception to the rule that community property is divided equally between spouses is when one spouse has a separate estate outside of the community property. This separate estate may be awarded to the spouse in a divorce instead of being divided equally.
Texas law also provides for different types of inheritances depending on whether the decedent died with or without a will. If the decedent died with a will, then the estate will generally be distributed according to the terms of the will. If there is no will, then the estate will be distributed according to Texas’ intestacy laws. Under intestacy laws, certain family members (such as spouses and children) are first in line to inherit the estate. If there are no eligible family members, then the estate may go to other relatives or even to the state of Texas.
