You apply to the probate court. The forms are available there and may be online.
One would surmise that whomever real estate is left to in a will would inherit it. If someone dies without a will, then the Texas Intestate Succession laws will determine who inherits the property.
Succession is the sequence in which one person after another succeeds to a title, throne or estate. There is always a replacement, and that is why it is an ongoing process.
Usually the death benefits become a part of the deceased's estate and are distributed according to the probate succession laws of the state in which the person resided at the time of his or her death.
The person would have to be deceased in order for the estate to be distributed. If the person left a Will then the terms of such would apply after any debts and taxes have been paid. If the person died intestate (without a will) the state probate succession laws apply.
This depends on the particular state that you live in. This is called the law of intestate succession, and a person that dies without a will is said to have died intestate. It is strictly a matter of state law. However, in virtually all of the states, if the spouse dies without a will, the wife is entitled to a significant portion of the estate, and the rest is then distributed to the children or the siblings, as the case may be.
The son would be the inheritor of the remains of the estate in all the rules if succession that I have ever seen.
No. The shares become a part of the estate. They may have to be sold in order to settle the debts of the estate. If they are still a part of the estate when it comes time to distribute them, they can be transferred to the children.
Your state laws will have determined the "intestate succession" of your father's estate, absent a will, meaning the law divided the property. Some states give the entire estate to the surviving spouse; others divide it with the children, meaning the minor children may have received half the father's estate "in trust". Look up your state "intestate succession" and visit the courthouse where the father's estate was probated in 1979 to see how it was distributed. If it wasn't properly probated, you will need an attorney to figure out what rights you may have.
The estate can be sold or rejected by the spouse. If rejected or declined, it will pass to the heirs next in line of succession or designated by the will.
In all 50 US states when a person dies intestate (no will) the state probate's estate and succession laws apply. In general, the state will place the estate into trust on the behalf of the children after debts are paid off.
Certainly. The heir's portion will become part of their estate and distributed accordingly.
Succession planning helps business owners protect their personal and financial interests. Business owners look to exit their companies in a way that they are able to meet their financial, personal and estate planning goals once they leave. Besides, succession planning prepares the next generation of leaders, who fill up key positions when they become vacant. Many business owners hire attorneys who work with their team of advisors to develop an efficient and comprehensive succession plan.