Q: Does of affidavit of heirship mean the estate will be divided between all living heirs or can it just be for a spouse?
My Father has mineral rights in TX but passed away in CA. Does the affidavit of heirship mean that his monthly royalties will be divided between spouse and children? I am trying to see if there's a way for my mom to get the monthly royalties where it will not be divided between Her and her children.
A:
An affidavit of heirship simply identifies all the heirs of a person - it doesn't divide the property.
What those heirs will receive out of an estate depends on whether there was a will, what the will provides, whether the property is separate or community, real estate or personal property, and whether there are children. A link to a chart that shows how property is inherited if there is not a will can be found here:
https://texaslawhelp.org/sites/default/files/texas_descent_and_distribution_chart.pdf
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