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No will or descendants?

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jjl0106

Junior Member
What is the name of your state (only U.S. law)? Texas

I was wondering what happens to a piece of property ,e.g. a house, when there is no will and no descendants?
 


anteater

Senior Member
While it is rare that there are no surviving takers under TX intestate succession, I guess that it can happen. If there is, indeed, nobody entitled to the property, then it goes to the state.

But take a look at how far the intestate statute goes in trying to find an heir (assuming there is no surviving spouse):

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order to:

Decedent's children and their descendants.

Decedent's parents equally if both survive. If only one parent survives, however, the estate is divided into two equal portions, one of which passes to the surviving parent and the other half passes to the decedent's brothers and sisters and their descendants If no siblings or their descendants exist, the whole estate is inherited by the surviving parent.

Decedent's siblings and their descendants.

If none of the above are available, then the inheritance is divided into two equal shares ("moieties"), one for decedent's paternal kin and one for decedent's maternal kin, and distributed in the following order:
- To the grandfather and grandmother in equal portions.
- If only one of the grandparents is living, then the estate is divided into two equal parts, one of which goes to the survivor and the other goes to the descendants of the deceased grandparent. If there be no such descendants, then the whole estate is inherited by the surviving grandparent.
- If both grandparents are deceased, then the entire portion goes to their descendants, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants.
- If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
 

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