Creating a will allows you to stipulate how you would like your estate handled when you pass away. A will is a crucial part of end-of-life planning, but despite its importance, many Americans die without a will. In fact, an estimated 60% of people in the U.S. do not have a valid will. This is a concerning statistic that highlights the need to understand the consequences of dying without a will. Below, our Texas estate planning lawyers break down the question, “What happens if you die without a will in Texas?”
What Happens When You Die Without a Will in Texas?
Dying without a will in Texas is known as dying intestate. Dying intestate in Texas means that you do not have control over what happens to your estate after your death. Your specific wishes for your estate will not be considered.
Instead, if you die without a will, your estate will likely go through the probate process. A judge will apply Texas intestate succession laws to determine how to distribute your assets and who will act as your estate’s executor.
Intestacy laws in Texas prioritize immediate family members when distributing estate assets. Under these laws, your close friends or distant relatives are unlikely to receive anything.
If you die without a will, Texas probate courts often use a family hierarchy model that starts with a surviving spouse at the top, followed by children, parents, and so on, to determine inheritance. The graphic below outlines who may inherit your property if you do not have a will in Texas:
In terms of asset distribution, Texas usually divides community property equally between any descendants and a surviving spouse. Community property generally includes anything that was acquired during your marriage and paid for by marital earnings or income. Separate property will likely be distributed to your closest relatives after your death.
Understanding Probate in Texas Without a Will
If you die without a will in Texas, your estate may need to go through probate, a court-supervised process to settle a deceased person’s estate and distribute property to their heirs. The probate process can be lengthy and complex.
One of the first steps a probate court will take is to appoint an administrator or executor for your estate. A judge will appoint someone to fill this role if you die without a will. This person will have a tremendous amount of responsibility, including:
- Identifying and collecting your assets
- Settling any debts or claims against your estate
- Paying taxes and fees
- Petitioning the court to determine heirs
- Distributing assets to heirs.
What Happens if I Die With a Will in Texas?
Many people think that distributing their assets and settling their debts will be easy for their loved ones to address on their behalf. However, this is not always the case.
Grief does not make it easy to make rational decisions or handle difficult situations. Unfortunately, disputes are common during the probate process, even amongst the most tight-knit families.
The best way to handle inheritance and asset distribution is to create a last will and testament and possibly a revocable living trust if your situation warrants it. While your estate will likely need to go through probate, creating a will or estate plan makes it easier for your loved ones after you pass.
You get to choose your estate executor. The court will not choose based on probate and succession laws that cannot consider your family dynamics. More so, a will gives you control over what happens to your legacy when you die by determining who gets what.
Prepare Your Texas Will Online Using Estate Plan Express
At Warren & Migliaccio, we make creating a valid will convenient, cost-effective, and straightforward. Estate Plan Express is our online will service. Check it out to see what our Estate Plan Express can do.
From the comfort of your home, you can access our estate planning portal and fill out our guided estate planning questionnaire. Then, our experienced Texas estate planning lawyer will prepare and send you your will documents. All you have to do is get your will legally executed at your convenience.
We also offer six months of free revisions, excluding converting to a different plan, to ensure that your will continues to meet your needs. If you have any questions, do not hesitate to contact us for a consultation by calling us at 888-584-9614.
