When someone dies, Texas law determines how their property is distributed. Whether they left a valid will or not influences this distribution, which is why proactive estate planning can be critical for protecting assets and avoiding disputes. These rules, known as “testate” and “intestate,” affect everything from real estate and bank accounts to personal belongings and debts.
Intestate and Testate Laws in Texas
Texas recognizes two primary paths for distributing a deceased person’s assets: testate succession and intestate succession.
A person dies testate when they have a valid will in place at the time of their death. A will specifies who should inherit an individual’s property and how it should be divided. A probate court generally follows the wishes expressed in the will, as long as the document is legally valid.
A person dies intestate when they do not have a will as part of their estate plan at the time of death. Texas law provides a default set of rules for distributing the deceased’s assets. These rules are outlined in the Texas Estates Code and are designed to follow presumed family preferences. However, they may not necessarily match what the deceased person would have chosen for themselves.
Both in situations involving a will and those not involving a will, the property distribution process typically goes through probate. Probate is where a court reviews a will (if one exists), oversees the appointment of a personal representative, and ultimately approves the transfer of assets to heirs.
When Someone Dies with a Will
When a Texas resident dies, leaving a valid will, the document generally controls how their property is distributed. A valid Texas will must be signed by the testator (the person who made the will) and witnessed according to state requirements. If the will satisfies these formalities and is found to be genuine, the probate court usually admits it to probate.
The court will then appoint a personal representative, or “executor.” This person is responsible for handling the estate’s affairs: paying debts, filing tax returns, managing asset distribution, etc.
Before distributing any inheritance, the estate must settle outstanding debts and valid creditor claims. Texas law sets deadlines for creditors to make claims against the estate.
After the estate resolves debts and expenses, the personal representative distributes the remaining property as directed by the will.
A will can name specific beneficiaries and designate specific property to each. For example, it may say that a particular heir receives a family home, a piece of jewelry, or a percentage of the estate’s value. Disputes may arise if the will is unclear or conflicts with Texas law (e.g., violates a spouse’s statutory rights).
When Someone Dies Without a Will
If a person dies intestate (meaning without a valid will), Texas law prescribes how their property is distributed under the state’s intestacy rules.
Texas intestate succession typically follows this order:
- If there are no children, the spouse may inherit the entire estate. If there are children, the spouse may share with them.
- Biological and legally adopted children usually have the next highest inheritance priority. If a child predeceased the parent but left descendants (grandchildren), those descendants may inherit their parent’s share.
- If there is no spouse or children, surviving parents may inherit.
- If no parents survive, siblings or their descendants could inherit.
In rare cases, more distant family members may inherit. Alternatively, If no eligible heirs can be found, the estate may revert to the State of Texas.
Importantly, Intestate succession does not allow the deceased to specify how their estate is divided. Rather, the law decides based on family relationships. This can sometimes lead to unintended outcomes, particularly for blended families or long-term unmarried partners.
Consult an experienced Texas estate or probate attorney at Porter Law Firm to help you navigate Texas inheritance laws and plan effectively for your family’s future.