Small Estate Affidavits (Page 7 of 7) in pdf

Small Estate Affidavits Page 7

3. Unmarried Person with Child[ren] or Other Descendants

(TPC § 38(a)(1))

All to children,

who take equally

4. Unmarried Person with No Child or Descendant

All property passes depending on who survived the decedent:

If decedent is survived

TPC § 38(a)( 2 ).

by both mother and father.

(1) by mother or father

and (2) by sibling(s) or their descendants.

1/2 to siblings or

1/2 of all property

to descendants

to father

of deceased

1/2 of all property

siblings

to mother

1/2 to surviving

parent

If decedent is survived by

If decedent is survived by neither parent,

TPC § 38(a)(3).

TPC § 38(a)( 2 ).

but is survived by sibling(s) or their descendants.

mother or father, but is not survived by any sibling(s)

or their descendants.

All to siblings or

to descendants

of deceased

All to surviving

siblings

parent

If none of the four situations above applies, see TPC § 38(a)(4).

Compliments of Judge Guy Herman, Travis County Probate Court No. 1

Small Estate Affidavits Page 7