INTESTACY (Dying Without a Will) + 1985, 1997
The League of Women Voters of Texas supports equitable intestacy laws including the following provisions:
Explanation and History: Intestacy
- the surviving spouse should inherit all of the community property when the decedent had
no children or when the surviving spouse is the parent of all the children of the decedent
- the surviving spouse should not inherit all of the community property when the decedent
is survived by minor children not of the surviving spouse
- the surviving parent of a minor child should be required to obtain court permission to dispose of the child's property when it is valued at more than $50,000.
Delegates to the 1983 state Convention identified intestacy as needing study. It has not been a legislative priority in recent years.
Intestacy was studied as part of the 1995-97 Periodic
Program Review. The position reflects current law but was retained and clarified to allow the League to advocate for equitable intestacy laws in the event of a backlash.