Dying without a will in Texas means a person has died intestate. Since there is no will to specify the decedent’s wishes for their property, Texas law steps in and decides who inherits. With an intestate estate, a court appoints someone to administer your estate, and your assets pass to your closest relatives under a formula set by the Texas Estates Code (rather than to whomever you might have chosen). If you have minor children with no surviving parent, the court will need to appoint a guardian for them.
What ultimately happens when you die without a will depends on whether you were married, had children, and whether your property was separate or community property, which is why intestate succession is worth understanding before needing it, especially when it comes to estate planning in Houston.
Probate and Court Appointment of Personal Representative
Even without a will, your estate typically still has to go through the probate process if you owned assets in your name. Absent a will, there’s no executor named to manage the estate. Accordingly, the probate court will appoint an administrator, generally giving priority to the surviving spouse or an adult child. However, any interested party can apply for the role if no one with priority steps forward.
The administrator’s job involves locating and valuing estate assets, paying valid debts and taxes, identifying all legal heirs, and distributing what remains according to the intestacy statute. The intestate probate process can take longer than estates governed by a will, particularly if heirs disagree about who should inherit what.
Your Property Is Distributed According to State Law
Texas intestacy rules split your property based on whether it’s community or separate property.
If you’re married with children, and all of those children were from your current marriage, your spouse inherits both halves of the community property outright. If you have children from outside your current marriage, your spouse keeps their half of the community property, and your half passes to your children instead.
Separate property follows a statutory formula. If you’re survived by a spouse and children, your spouse generally receives one-third of your separate personal property and a life estate (a right to use and possess for life) in one-third of your separate real property. The remainder goes to your children. If you have no spouse, your children inherit everything equally.
If you have no spouse and no children, Texas law directs your property to your parents, then siblings, then more distant relatives. Chapter 201 of the Texas Estates Code.
Your Minor Children May Require a Guardian Appointed Over Them
If you have minor children and their other parent isn’t alive or available for custody, the court must appoint a guardian to raise them. Without a will naming this individual, the court decides based on its own assessment of the child’s best interests.
This extends to inheritance as well. Minors can’t directly manage property or money, so assets they inherit typically require a court-supervised guardianship of their estate or a trust until they reach adulthood. This process adds cost, oversight, and delay that a properly drafted will can eliminate.
Other Consequences of Dying Without a Will
Dying intestate in Texas can create additional complications for blended families. Stepchildren who were never legally adopted may receive nothing from a deceased stepparent, regardless of how close the relationship was. Likewise, unmarried partners have no inheritance, no matter how long the relationship continued.
Speak to an Estate Planning Attorney About Drafting a Will
The best way to avoid the issues that come with dying without a will is to draft and execute a valid will. If you need a will or a loved one has already passed away without one, an experienced estate planning attorney from Porter Law Firm can help you navigate the process. Contact us today for a confidential consultation for help.