In Texas, community property is relevant to probate because, upon the death of one spouse, the community property is considered to be owned by the surviving spouse, unless otherwise provided by a valid will or trust. The deceased spouse’s share of the community property passes to their heirs or beneficiaries through the probate process, unless the property is transferred outside of probate through methods such as a transfer-on-death designation or joint ownership with right of survivorship.
In the absence of a valid will, the community property will be distributed according to Texas laws of intestacy, which dictate how property is distributed among the deceased person’s heirs. If the deceased spouse had a valid will, the distribution of the community property may be in accordance with the terms of the will.
It is important to note that probate is a legal process that involves the administration of a deceased person’s estate, and the distribution of their assets to their heirs or beneficiaries.
Community property laws in Texas can impact the probate process by affecting the distribution of property that was acquired by the married couple during their marriage.
Community Property and Divorce
In Texas, community property is a legal concept that refers to property acquired by a married couple during the course of their marriage, which is considered to be owned equally by both spouses.
This property is subject to division upon divorce, and the court must divide it in a manner that is just and right, taking into consideration the circumstances of each case.
Community property laws in Texas also apply to certain debts incurred during the marriage, which are considered to be the joint responsibility of both spouses.
Texas is one of a small number of states that is a community property jurisdiction. This generally means that any property acquired by a couple during their marriage (with only a few exceptions) is equally owned by both spouses in the marriage. This does have an effect on the dissolution of property during a divorce.
In either case, whether it be a last will and testament or a divorce it’s best to seek out the advice of an experienced attorney to help you review your options when it comes to community property. The experienced family law attorneys of Blizzard and Zimmerman are here to help. Call today to schedule a one-on-one consultation with one of our attorneys.
Texas State Law Library – Community Property