Intestate
The condition of dying without a valid will. When someone dies intestate, their property passes to heirs according to state intestacy laws rather than according to their wishes expressed in a will.
Understanding Intestate
Intestate succession—the distribution of property when there's no will—follows statutory rules that vary by state. These laws establish a hierarchy of who inherits: typically surviving spouse and children first, then parents, siblings, and more distant relatives. The rules try to approximate what most people would want, but rarely match exactly.
Intestacy creates complexity for real estate. Without a will naming specific beneficiaries, all potential heirs under the statute have a claim. This might include children from different relationships, children the deceased may not have known about, or relatives who haven't been in contact for years.
The property doesn't automatically transfer upon death—it must go through probate (court administration) or be documented through affidavits of heirship. When this doesn't happen, heir property accumulates, and title becomes increasingly clouded with each generation.
For curative title investors, intestate situations represent both challenge and opportunity. Clearing title requires identifying all potential heirs under the intestacy statute, locating them, and either getting them to convey or pursuing legal action. This work creates value when completed successfully.
Real-World Example
A property owner dies in 2005 without a will. Under Texas intestacy law, his estate passes to his surviving wife (who died in 2010, also intestate) and three children. One child died in 2015 with two children of her own. The property now has five heir owners with varying fractional interests—none of whom have clear title to sell.
Texas-Specific Information
Texas intestacy rules are in the Texas Estates Code. Distribution depends on whether the deceased was married, had children, and the nature of the property (community vs. separate). Texas community property rules significantly affect how intestate estates are distributed. Surviving spouses receive different shares depending on whether children are from the current or prior marriages.
Related Terms
Heir Property
Real estate passed down through generations without clear title documentation, typically because owners died without wills and no probate was filed. Multiple heirs often share fractional ownership interests.
Affidavit of Heirship
A sworn legal document used to establish ownership of property when someone dies without a will (intestate). It identifies the deceased's heirs and their relationship, allowing property to transfer without formal probate.
Probate
The legal process of administering a deceased person's estate, including validating their will, paying debts, and distributing assets to heirs. Probate provides court supervision and creates clear records of property transfer.
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