2. Who is entitled to my estate if I die intestate and if no spouse survives me?
According to §38(a), if the decedent dies without leaving behind a surviving spouse, then the decedent’s intestate estate passes in parcenary to the intestate’s kindred, male and female, in the following courses:
1. To children and their descendants.
2. If no children nor descendants of children, then to the surviving parents, in equal portions. If only one parent survives--
(a) One-half to the surviving parent.
(b) One-half as follows:
3. If neither parent survives, then to the siblings of the intestate and their descendants, if any.
4. If none of the foregoing kindred survive, then to the nearest lineal ancestors and their descendants, as follows:
The search for heirs ends if descendants of a grandparent are found. Lewis v. First Interestate Bank of Midland, 445 S.W.2d 629 (Tex. Civ. App.—El Paso, no writ). The one-half moiety of the paternal (or maternal) estate is divided into two additional moieties at the great-grandparent level. Allison v. Brashear, 544 S.W.2d 492 (Tex. Civ. App.—El Paso 1976, no writ).
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3. Who is entitled to my estate if I die intestate and if a spouse survives me?
According to §38(a), if the decedent dies without leaving behind a surviving spouse, then the decedent’s intestate estate passes in parcenary to the intestate’s kindred, male and female, in the following courses:
1. To children and their descendants.
2. If no children nor descendants of children, then to the surviving parents, in equal portions. If only one parent survives--
(a) One-half to the surviving parent.
(b) One-half as follows:
- If the intestate is survived by at least one sibling or the descendant of a sibling, then to the sibling or siblings and their descendants, according to the rules of descent and distribution.
- Otherwise, to the surviving parent.
3. If neither parent survives, then to the siblings of the intestate and their descendants, if any.
4. If none of the foregoing kindred survive, then to the nearest lineal ancestors and their descendants, as follows:
- A one-half moiety to the paternal grandparents and their descendants, if any. If none, a one-fourth moiety to the paternal great-grandparents and their descendants, if any, and so on without end.
- The other one-half moiety to the maternal grandparents and their descendants, if any. If none, a one-fourth moiety to the maternal great-grandparents and their descendants, if any, and so on without end.
The search for heirs ends if descendants of a grandparent are found. Lewis v. First Interestate Bank of Midland, 445 S.W.2d 629 (Tex. Civ. App.—El Paso, no writ). The one-half moiety of the paternal (or maternal) estate is divided into two additional moieties at the great-grandparent level. Allison v. Brashear, 544 S.W.2d 492 (Tex. Civ. App.—El Paso 1976, no writ).
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3. Who is entitled to my estate if I die intestate and if a spouse survives me?