Texas probate questions

[sensi]

I am asking these questions on behalf of a friend whos brother passed away last year and was rewarded a settlement. He had no will.
1. Waiver of notice "I waive the issuance of notice to me and agree that the cause may be heard and determined by this court without further notice to me". What does that statement mean when sent to an heir?
2. Estate was $1.3 mil but on the application for letters of dependent administration it says valued at over $500,000. Is there a reason the actual amount is not stated?
3. What is a 867 supplemental needs management trust?
4. The same document also states "Decedent died intestate and a necessity exists for the administration of this estate because estate assets remain to be collected and administered" Collected and administered?
5. In Texas a parent gets what% full siblings get% and half siblings get%?
6. How does one get probate records?

call your local probate court for a copy of the rules etc. but these will give you an idea--



A. Individual Property Distribution (Unmarried Intestate)
The distribution of the property of an unmarried intestate is governed by Probate Code § 38(a). Real and personal property are treated the same.

1. Descendants Survive
If the unmarried intestate is survived by one of more descendants (e.g., children or grandchildren), then all of the intestate’s property passes to the descendants. See § D, below, for a discussion of how this distribution is done.

2. No Descendants Survive But a Parent Survives
The following distributions occur if the unmarried intestate has no surviving descendants but does have at least one surviving parent.

a. Both Parents Survive
If both parents survived the intestate, each parent inherits one-half of the estate.

b. One Parent Survives Along With a Sibling or a Sibling’s Descendants
If only one parent survives and the intestate is also survived by at least one sibling or a descendant of a sibling (e.g., niece or nephew), then the surviving parent receives one-half of the estate with the remaining one-half passing to the siblings and their descendants. See § D, below, for a discussion of how this distribution is done.

c. One Parent Survives but No Sibling or Descendant of a Sibling Survives
If one parent survives and there is no surviving sibling or a descendant of a sibling, then the surviving parent inherits the entire estate.

3. No Surviving Descendants or Parents
If the unmarried intestate is survived by neither descendants nor parents, then the entire estate passes to siblings and their descendants. See § D, below, for a discussion of how this distribution is done.

4. No Surviving Descendants, Parents, Siblings or Their Descendants
If the unmarried intestate has no surviving descendants, parents, siblings or their descendants, the estate is divided into two halves (moieties) with one half going to paternal grandparents, uncles, cousins, etc. and the other half to the maternal side. Texas does not have a laughing heir statute preventing these remote relatives from inheriting. If one side of the family has completely died out, the entire estate will pass to the surviving side. See State v. Estate of Loomis, 553 S.W.2d 166 (Tex. Civ. App.—Tyler 1977, writ ref’d).

5. No Surviving Heir
If the unmarried intestate has no surviving heir, the property will escheat to the state of Texas under Property Code § 71.001.

B. Distribution of Community Property of Married Intestate
The distribution of the community property of an intestate who was married at the time of death is governed by Probate Code § 45. Real and personal property are treated the same.

1. If No Surviving Descendants
If the married intestate has no surviving descendants, then all community property is now owned by the surviving spouse. The surviving spouse (1) retains the one-half of the community property that the surviving spouse owned once the marriage was dissolved by death and (2) inherits the deceased spouse’s one-half of the community.

2. If Surviving Children or Their Descendants
Community property is distributed as follows if the married intestate has at least one surviving child or other descendant.

a. No Non-Spousal Descendants
If all of the deceased spouse’s surviving descendants are also descendants of the surviving spouse, then the surviving spouse will own all of the community property, that is, the surviving spouse retains his or her one-half of the community and inherits the other half. Note that for spouses dying before September 1, 1993, the deceased spouse’s one-half of the community property was not inherited by the surviving spouse. Instead, the deceased spouse’s share passed to the deceased spouse’s descendants.

b. Non-Spousal Descendants
If any of the deceased spouse’s surviving descendants are not also descendants of the surviving spouse, then the community property is divided. The surviving spouse retains one-half of the community property, that is, the one-half the surviving spouse already owned by virtue of it being community property. The descendants of the deceased spouse inherit the deceased spouse’s one-half of the community property. All of the deceased spouse’s descendants are treated as a group regardless of whether the other parent is or is not the surviving spouse.

C. Distribution of Separate Property of Married Intestate
Unlike most states, Texas in Probate Code § 38(b) has retained a vestige of the common law distinction between the descent of real property and the distribution of personal property.

1. Surviving Descendants
a. Personal Property
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. These interests are outright.

b. Real Property
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.