COMMUNITY PROPERTY

If the decedent had no children from any prior marriage, the community property of the marriage goes all to the surviving spouse

If the decedent had any children from any prior marriage, the community property goes 1/2 to all of decedent's children and 1/2 to the spouse

SEPARATE PROPERTY

Real estate (homestead and other property):  2/3 to children; 1/3 to spouse for life then to children upon spouse's death

Non-real estate property:  2/3 to children; 1/3 to spouse

WARNING:  This is just a summary and is not intended to fully indicate heirship in every circumstance.  Check with our office with your exact circumstances to determine exact heirship.

If there are surviving children, all to children or their descendents

If there are no surviving children, then to:

Surviving parents

If no surviving parents, to decedent's siblings

If no siblings, the estate is split in two portions, one half going to the closest heirs of the grandmother and one half going to the closest heirs of the grandfather

WARNING:  This is just a summary and is not intended to fully indicate heirship in every circumstance.  Check with our office with your exact circumstances to determine exact heirship.

No.  A legal process called a "Declaration of Heirship" must be filed.  Click here to begin the process.