When someone passes away without a will in Texas, the state steps in to decide what happens to their property. This process, called intestate succession, follows a strict set of rules that may not align with what you or your family would have wanted. Understanding these rules can help you see why having a will is so important for protecting your loved ones.
Texas intestate succession laws apply to everyone who dies without a valid will, regardless of the size of their estate. The rules can create unexpected outcomes, especially for blended families, unmarried partners, or those with complicated family dynamics.
Who Gets What? Texas Intestate Succession Explained
In Texas, intestate succession laws determine how your property is distributed when you die without a will. The rules depend on your marital status, whether you have children, and whether your family situation is straightforward or more complex. Here is how it works:
Without a will, the state of Texas decides who inherits your property – and the results may surprise you.
If You Are Married with Only Joint Children
Your entire community property goes to your surviving spouse. This seems straightforward, but it may not match what you assumed – especially if you wanted your children to receive something directly or if you have separate property that should go elsewhere.
If You Are Married with Children from a Previous Relationship
Your share of community property goes to your children – not your spouse. This can leave your surviving spouse in a difficult financial position, potentially even affecting their ability to stay in the family home.
If You Are Unmarried with Children
Your estate is divided equally among your children. If any child has passed away, their share goes to their children (your grandchildren).
If You Are Unmarried Without Children
Your estate goes to your parents if they are still living. If one parent has passed, the estate is split between your surviving parent and your siblings. If no parents or siblings survive, your assets are divided among more distant relatives – aunts, uncles, and cousins.
And here is the kicker: If no relatives can be found, your estate “escheats” to the state of Texas. That means the state gets everything.
What About Debts?
Unfortunately, your creditors do not just walk away when you pass. Before any assets are distributed to your family, your debts – credit cards, medical bills, loans, and other obligations – must be paid out of your estate.
The process works like this: creditors have a specific window to file claims against your estate. Valid debts are paid from estate assets before anything goes to heirs. If debts exceed assets, heirs receive nothing – though they generally are not personally responsible for your debts.
The takeaway? Without a plan, your family might see less of your assets than you hoped – especially if there are significant debts to settle.
What Happens to Your Kids Without a Will?
If you have minor children, the absence of a will creates a question mark about who will care for them. In Texas, the court decides who will be appointed as their legal guardian. While the court aims to act in the child’s best interests, their decision may not match what you would have wanted.
Without a will, you cannot:
- Choose who raises your kids if something happens to you
- Name backup guardians in case your first choice is unavailable
- Specify how you want your children raised or educated
- Control when and how your children receive their inheritance
This is often the most compelling reason for parents to create a will – even if they have few assets, the peace of mind that comes from choosing their children’s guardian is invaluable.
Why Creating a Will is Essential in Texas
Texas intestacy laws are designed to create a “default plan” when someone dies without a will, but a default plan is rarely good enough for most people. Without a will:
- Your family might face confusion, stress, and legal fees during an already difficult time
- Your children’s future could be decided by a judge, not you
- Your property could end up with relatives you never intended to inherit it – or even the state
A will is not just for wealthy people – it is for anyone who wants to protect their family and ensure their wishes are honored.
Creating a will gives you control. You can:
- Decide exactly who receives your property and in what amounts
- Name guardians for your minor children
- Appoint an executor you trust to carry out your wishes
- Minimize potential conflict among family members
- Make the probate process smoother for your loved ones
The Probate Process Without a Will
When someone dies without a will in Texas, their estate must still go through probate – but the process is often more complicated and expensive. The court must appoint an administrator to manage the estate, which requires posting a bond and can involve additional legal proceedings.
Without a will naming an executor, family members may disagree about who should serve as administrator. This can lead to costly disputes and delays that drain estate assets. Additionally, the administrator must follow strict intestate succession rules rather than distributing assets according to the deceased person’s wishes.
The probate process for intestate estates typically takes longer and costs more than probate with a valid will. Your family will likely need to hire an attorney, pay court fees, and wait months for the process to complete before receiving any inheritance.
What About Residents of Other States?
While this article focuses on Texas law, every state has its own intestate succession rules. If you live in Utah or Arizona, the principles are similar – dying without a will means the state decides who gets your property. The specific rules vary, but the outcome is the same: you lose control over what happens to your assets and who cares for your children.
If you own property in multiple states, estate planning becomes even more important. Without proper planning, your estate could face probate proceedings in each state where you own real estate.
Common Questions About Dying Without a Will in Texas
Does my spouse automatically get everything? Not necessarily. If you have children from another relationship, your spouse may receive less than you would expect. Additionally, separate property (assets you owned before marriage or inherited) follows different rules than community property.
Can I just write my wishes down on paper? Texas does recognize handwritten (holographic) wills, but they must meet specific requirements. A properly drafted will with an attorney ensures your wishes will be legally enforceable and reduces the chance of challenges.
Take the First Step Today
If you are reading this and realizing you do not have a will, you are not alone – but it is time to change that. A will is not just for wealthy people or those nearing retirement; it is for anyone who wants to make life easier for their loved ones and ensure their wishes are honored.
Need help getting started? Contact us to schedule a consultation and let us make sure your family is protected – without any courtroom drama.
Disclaimer: The content on this blog is for informational purposes only and is not intended to create an attorney-client relationship. For personalized legal advice, please contact our office to schedule a consultation.
