No one likes to think about what happens after they pass, but having a will is essential for protecting your loved ones and ensuring your wishes are honored. If you die without a will in Texas, the state decides how your assets are distributed through intestate succession laws—and the outcome may not be what you intended.
How Texas Intestacy Laws Work
When someone dies without a will, their estate goes through probate, a court-supervised process that determines how assets are distributed. Texas intestacy laws establish a hierarchy of heirs, prioritizing spouses, children, parents, and other relatives. However, the distribution depends on several factors, including whether you were married, had children, or owned separate property.
Who Inherits Your Assets?
- Married with Children: Your spouse may not inherit everything. Instead, your separate property is divided between your spouse and children, with your spouse getting only a portion.
- Married Without Children: Your spouse inherits most, but your parents and siblings may also have a claim to your estate.
- Unmarried with Children: Your children inherit everything equally.
- Unmarried Without Children: Your estate goes to your parents, siblings, or more distant relatives.
What About Minor Children?
If you have minor children and no will, the court decides who becomes their guardian. Without a clear designation in an estate plan, a judge—not you—chooses who will raise your children. This can lead to family disputes and uncertainty during an already difficult time.
Avoid Probate Headaches—Make a Plan Now
Dying without a will can leave your family with financial and legal complications. Instead of letting Texas law decide for you, take control of your estate. At Theander & Grimes, PLLC, we help Texas families create personalized estate plans to protect their loved ones and assets.
Secure Your Legacy Today
Don't leave your estate to chance. Contact Theander & Grimes today to schedule a consultation at our Katy or Tomball offices.
Call (281) 968-9965 or visit our website to get started on your will and estate plan today.