Who or What is an Heir?
“Heir” and “heirship” are legally defined words. The meaning of heir is those persons who take under the laws of descent and distribution. There are several statutes in Texas concerning heirship. Unless the decedent is survived by a spouse and only children of the decedent and the surviving spouse it gets complicated. If only the spouse and children of the that marriage survive the spouse keeps her one-half of the estate and the children inherit the rest of the community property. If there is also separate property, a different statute controls. The spouse receives a one-third interest in the real estate for life and the children of the spouse who died share the remaining portion equally. This is a simple explanation of the statute which deals with even more complex situations. As to the separate property the wife or husband receives a one-third life estate in the land and a one-third interest in the personal property; the children split the rest equally. One common effect of passing p
