What Happens If I Don’t Have a Will?

Estate planning is important for everyone, but many people never create an estate plan. Understanding what happens when someone dies without a will can help you make informed decisions for yourself and your family. If you are considering getting a Will—or if a loved one has recently passed without one—an experienced estate planning and probate lawyer can guide you through the process.

Intestate Succession in Texas

If a person dies without a Will, Texas intestate succession laws decide how to distribute their assets. The law—not the decedent—determines who inherits property. In most cases, it goes to the 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.

These examples are not exhaustive. Unique family situations and mixed assets can create complications. To prevent unexpected results, it is wise to create a clear Will that reflects your wishes.

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

Even if you die without a Will, your estate must still go through a probate or non‑probate process. Probate legally transfers ownership of assets from the decedent to the rightful heirs.

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. When a dependent administration is required, the court supervises every step, increasing time and cost. Having a valid Will helps you avoid these delays and gives you control over who will handle your estate.

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.