Probate question

[kdtam1]

What is the name of your state (only U.S. law)? Texas
Ok im new at this but I think I can ask a simple question?

What is the law regarding probate if a spouse dies and leaves no will. Two sons were born of the marriage and no other children exist. Is the mother entitled to all as community interest and is there any property that automatically goes to sons. And, if any property goes automatically after her death even if she leaves a will. Issue, son is estranged from mother and other brother. father died and mother will probably leave everything to other son. Does the estranged son have any rights to any community and or personal property of father and or mother when she dies or before from father?

Can some one please tell me what a tag is and a trackback???? not sure thanks. New at this
Kathy

[anteater]

If the father died intestate and all his children were also children of the surviving spouse:

1) Surviving spouse receives all the community property

2) The surviving spouse receives one-third of the deceased spouse’s separate personal property with the remaining two-thirds passing to the children or their descendants.

3) The surviving spouse receives a life estate in one-third of the deceased spouse’s separate real property. The rest of the property, that is, the outright interest in two-thirds of the separate real property and the remainder interest following the surviving spouse’s life estate passes to the deceased spouse’s children or their descendants.

The surviving spouse is free to leave her property as she sees fit.