What Happens to Your Assets in Texas Without a Will?
Many people put off creating a will. It can feel like a complex task, or perhaps something to worry about far in the future. But what happens if you pass away in Texas without one? The state doesn't get to keep your property, but you do lose control over who inherits it. Instead, Texas law dictates how everything is divided through a process called "intestate succession."
This default plan might not align with your wishes, potentially leading to confusion, delays, and even disputes among your loved ones during an already difficult time. Understanding these laws is the first step toward seeing why a personalized estate plan is so important.
At Blizzard and Zimmerman Attorneys, we want to empower you with knowledge. This post will break down how Texas distributes assets without a will and show you why taking control of your legacy is the best gift you can give your family.
Understanding Intestate Succession in Texas
When a person dies without a valid will, they are said to have died "intestate." The laws of intestate succession are essentially the state's best guess at how the average person would want their assets distributed. These rules are rigid and are based entirely on family relationships.
The law categorizes your property into two types:
- Separate Property: This includes assets you owned before your marriage, as well as any gifts or inheritances you received individually during your marriage.
- Community Property: This is any property acquired by you or your spouse during your marriage (with a few exceptions, like gifts and inheritances). Texas is a community property state, meaning both spouses have an equal claim to these assets.
How your property is divided depends on which relatives survive you. Let's explore some common family scenarios.
Asset Distribution Based on Your Family Situation
The intestate succession rules can be complex. The outcome changes significantly depending on whether you are married, have children, or have other living relatives.
If You Are Married in Texas
Your spouse’s share of your estate depends on whether you have children and whether your property is separate or community.
Scenario 1: Married with No Children
Community Property: Your surviving spouse inherits all of it.
Separate Property: Your spouse inherits all of your separate personal property. However, your separate real estate is split. Your spouse receives a one-half interest, while your surviving parents, siblings, or their descendants inherit the other half. If you have no surviving parents or siblings, your spouse inherits all separate property.
Scenario 2: Married with Children (all from your current spouse)
Community Property: Your surviving spouse inherits all community property.
Separate Property: Your spouse inherits one-third of your separate personal property. Your children inherit the remaining two-thirds. For separate real estate, your spouse gets a "life estate" in one-third of the property (meaning they can use it for their lifetime), while your children inherit the rest outright.
Scenario 3: Married with Children (at least one from a previous relationship)
Community Property: This is a critical distinction. Your surviving spouse keeps their one-half share of the community property. Your one-half share goes directly to all of your children (from this marriage and any previous ones).
Separate Property: The division is the same as if all children were from your current spouse. Your spouse gets one-third of personal property and a life estate in one-third of the real estate, with your children inheriting the rest.
If You Are Single in Texas
Without a spouse, the distribution of your assets moves down your family tree.
Scenario 1: Single with Children
This is straightforward. Your children inherit your entire estate in equal shares. The law makes no distinction between biological and adopted children.
Scenario 2: Single with No Children
If both your parents are alive, they inherit your estate in equal shares.
If only one parent is alive, that parent inherits half, and your siblings (or their descendants) inherit the other half. If you have no siblings, your surviving parent inherits everything.
If neither parent is alive, your estate is divided equally among your siblings (or their descendants, i.e., nieces and nephews).
If you have no surviving parents, siblings, nieces, or nephews, the law continues to search for more distant relatives, like grandparents, aunts, or uncles.
The Problem with Relying on Texas State Law
While the intestate succession rules provide a safety net, they rarely match a person’s true intentions. Relying on this default plan can create unintended consequences:
No Control: You have zero say in who gets what. A favorite niece, a close friend, or a beloved charity will receive nothing.
Potential for Conflict: When your children from a previous relationship must share community property with your current spouse, it can create financial tension and family disputes.
Unwanted Co-Ownership: Your spouse could end up co-owning a family home with your parents or siblings, a situation few people would ever choose.
No Protection for Minors: If minor children inherit property, the court will have to appoint a guardian to manage the assets until they turn 18. This is a costly and public process. A will or trust allows you to appoint a person you trust for this role.
Delays and Expenses: The probate process for an intestate estate can be more complicated and expensive than administering an estate with a clear will.
Take Control with a Will or Trust
The only way to ensure your wishes are honored is to create a legally binding estate plan. A will is a foundational document that allows you to name your beneficiaries, appoint an executor to manage your estate, and designate a guardian for any minor children.
For those seeking more control, privacy, or to manage complex family situations, a trust can be an even more powerful tool. A trust can help your estate avoid probate altogether, protect assets for your beneficiaries, and provide specific instructions for how and when your property should be distributed.
Let Us Help You Secure Your Legacy
Navigating Texas estate law can feel overwhelming, but you don't have to do it alone. Creating a will or trust is an act of love and responsibility that provides clarity for your family and peace of mind for you.
Sydney Key and the experienced team at Blizzard and Zimmerman Attorneys are here to help you craft a plan that reflects your unique life and wishes. Contact us today to schedule a consultation and take the first step toward protecting your legacy.
Related Information-
Wills Versus Trusts in Estate Planning
What Is The Differerence Between a Will and a Last Will and Testament?