Tex. Est. Code § 101.001

PASSAGE OF ESTATE ON DECEDENT'S DEATH

Applied in 5 court decisions — leading case Hector Estrada, Isela Estrada, Maria Martinez, and Jorge Gonzales v. Daner Lee Cheshire and Lyndon Charles Cheshire (2015)

Most recently applied in In re Estate of Lee (May 2018)

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Subject to Section 101.051, if a person dies leaving a lawful will:

(1) all of the person's estate that is devised by the will vests immediately in the devisees;

(2) all powers of appointment granted in the will vest immediately in the donees of those powers; and

(3) all of the person's estate that is not devised by the will vests immediately in the person's heirs at law.

(b) Subject to Section 101.051, the estate of a person who dies intestate vests immediately in the person's heirs at law.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.