(832) 802-9937
Many people avoid creating a will, often because they think it’s unnecessary or because they fear confronting the idea of death. When you die with a will, the process is generally straightforward. You’ve already outlined your wishes, appointed an executor, and provided guidance for any minor children. However, if you die without a will—also known as dying intestate—your estate won’t be distributed according to your personal wishes. Instead, Texas law takes over, and your assets will be divided according to a set of rules that may not align with what you would have chosen.
The process of dying intestate can be more complicated, time-consuming, and costly for your family. So, what does Texas law say about how your estate will be distributed if you don’t have a will? Here’s the surprising truth about what happens when you pass away without one.
What Happens When You Die Without a Will?
If you die intestate, an “interested person” (such as a spouse, child, or parent) can file an Application to Determine Heirship. This legal process allows the court to identify your legal heirs—those who are entitled to inherit your property. Texas law defines who qualifies as an heir and specifies what percentage of the estate each person will receive. Several factors affect this division, including whether the property is separate or community property, real or personal property, and whether there are minor children involved.
Here are a few common scenarios that can arise in heirship applications under Texas intestacy laws (note that every situation may present unique considerations):
Married with Children from the Same Marriage
This is the simplest case. Your separate personal property (anything you owned individually) will be divided, with 1/3 going to your spouse and 2/3 going to your children. For separate real property (property you owned individually), your children will inherit it equally, but your spouse will have a 1/3 life estate. This means your spouse can live on the property for the rest of their life, but the property itself is owned by your children. The community property (property you acquired during your marriage) will go entirely to your spouse.
Important note: If your children are from a different relationship, your spouse will keep their 50% share of the community property, and your children will inherit your half equally.
Married with No Children
You might assume your spouse would inherit everything, but Texas law doesn’t work that simply. While your spouse will inherit all your separate personal property and community property, the distribution of separate real property is different. Half of your separate real property will go to your spouse, while the other half will be divided between your parents—if they are still alive. If either or both parents are deceased, their share will pass to your siblings or their descendants. If you have no siblings, the share can move up the family tree to your grandparents, and then down to your aunts, uncles, and cousins.
Unmarried with No Children
In this case, your separate property (both personal and real) will be split between your parents—50% to your father and 50% to your mother. If one or both parents are no longer living, their share will pass down to your siblings or their descendants. If you have no siblings, the share could move up the family tree to your grandparents and eventually down to your aunts, uncles, or cousins. If there are no surviving close family members, your estate could end up with distant relatives or even the state.
Why Writing a Will Is Important
Texas intestacy laws can quickly become complicated, especially if there are distant relatives or multiple beneficiaries involved. In some cases, an estate may have hundreds of potential heirs. While it’s certainly possible for your estate to be administered without a will, it’s not the best option.
Creating a will ensures that your wishes are clearly outlined and that your estate goes to the people you choose, rather than being divided according to state laws. Without a will, your estate might end up in the hands of distant relatives you hardly know—or even worse, those you would never have intended to inherit.
Conclusion
While Texas law can handle the administration of an estate without a will, the process is far more efficient and less stressful when you take the time to plan ahead. Your family will be grateful that you made this decision. By writing a will, you ensure that your estate is distributed according to your wishes and help avoid the potential confusion and delays that can arise when intestacy laws take over.
To learn more, we invite you to schedule a consultation with FOREVER LEGAL by visiting our consultation page. Our mission is to deliver personalized, sophisticated advocacy designed to address your unique needs. We encourage you to stay informed about our latest insights and updates by subscribing to our mailing list. Additionally, explore our Resource Center for comprehensive, downloadable Elite Guidebooks on business law, probate and estate planning, and guardianship law.
Disclaimer: All information provided on DISCOVERFOREVERLEGAL.COM (hereinafter “Website”) is provided for informational purposes only and is not intended to be used for legal advice. Users of this Website should not take any actions or refrain from taking any actions based upon content or information on this Website. Users of this website should contact a licensed Texas attorney for a full and complete review of their legal issues.