Small Estate Affidavits Page 6

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2. Married Person with No Child or Descendant
A. Decedent’s separate personal property
(all that is not real property) (TPC § 38(b)(1))
All to surviving
spouse
B. Decedent’s separate real property
(TPC § 38(b)(2))
If decedent is survived (1) by
If decedent is survived by
If decedent is survived by
mother or father and (2) by
mother or father, but is not
both mother and father.
sibling(s) or their descendants.
survived by any sibling(s) or
TPC § 38(b)(2) & (a)(2).
their descendants.
TPC § 38(b)(2) & (a)(2).
1/4 to
TPC § 38(b)(2) & (a)(2).
father
1/4 to
surviving
parent
1/4 to
1/2 to
mother
1/4 to
surviving
siblings,
parent
etc.
1/2 to
1/2 to
surviving
1/2 to
surviving
spouse
surviving
spouse
spouse
If decedent is survived by neither parent, but
If decedent is survived by no parent, no
is survived by sibling(s) or their descendants.
sibling, and no descendant of a sibling.
TPC § 38(b)(2) & (a)(3).
TPC § 38(b)(2).
1/2 to
siblings,
All to
etc.
surviving
1/2 to
spouse
surviving
spouse
C. Decedent’s share of community property
(TPC § 45(a)(1))
All to surviving
spouse
Compliments of Judge Guy Herman, Travis County Probate Court No. 1

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