What Happens If I Don’t Have a Will?

Estate planning is for everyone, but unfortunately, not everyone has an estate plan. Therefore, it may be helpful to understand what happens when someone dies without a will. If you are thinking of getting a will or have a loved one who recently died without a will, an experienced estate planning and probate lawyer can provide valuable guidance.

Intestate Succession in Texas

When a person dies without a will, their estate will be distributed according to Texas’s intestate succession laws. This means Texas law will dictate how the assets will be distributed instead of a will or other estate plan, typically leaving your estate to your closest living relatives. Specifically, under Texas law, assets of the estate will generally be distributed as follows:

• If you are survived by your spouse and you either have no children or all of your children are also the children of your spouse, then your community property will pass to your spouse.  If you do not have children, then your separate personal property and one half of your real property will pass to your spouse with the rest passing to your parents, if they are alive, or to your siblings if your parents are deceased.  If you have children, then your separate personal property will pass two-thirds to your children and one third to your spouse and your separate real property will pass to your children subject to a life estate held by your spouse in one-third of your real property.
• If you are survived by your spouse and you have children that are not also the children of your spouse, then your community property will pass to your children, your separate personal property will pass two-thirds to your children and one third to your spouse, and your separate real property will pass to your children subject to a life estate held by your spouse in one-third of your real property.
• If you are survived by your children and have no surviving spouse, then your children will inherit everything in equal shares.
• If you die without a spouse or children, your parents will inherit everything.
• If you die without a spouse, children, or parents, then your siblings will inherit everything in equal shares.

This list of scenarios is not exhaustive. To avoid an unexpected or undesirable outcome, we strongly encourage you to contact an estate planning lawyer to discuss how a will can better serve your needs.

In Many Cases, You will Still Have to Go to Probate

Even though there is no will and the assets will be administered according to Texas law, you still need to go through a probate or nonprobate process to legally transfer ownership of estate assets from the decedent to the heir(s).

If there are any debts of the estate or the estate otherwise requires an administration, you will have to go through a probate process that will be more cumbersome and expensive since there is no will to identify who will be the executor or the persons entitled to the estate.  The first step will be to seek a determination of heirship—a process by which heirs of the estate of the estate are identified and what share they may be entitled to. Once they are identified, then they must be notified of the proceeding. Once that step is completed, the estate will be distributed via either an independent or a dependent administration. If a dependent administration is necessary, the court will supervise the entire process at a much higher degree than would be the case if there was a will. Together, these requirements mean that the process will take longer and cost more money, even though the process may otherwise be relatively straightforward.

Contact J Nichols Law, PLLC If You Need a Will

Protect your assets and the people you care about by getting a will. Call us today at 409-257-7878 or contact us online to discuss how we can help.