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

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Terms Used In Texas Estates Code 101.001

  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
  • Intestate: Dying without leaving a will.
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027