What Happens if you die Without a Will in Texas?
When someone dies without a will in Texas, they are said to have died intestate. This means the person’s estate including bank accounts, real estate, and personal property will be distributed according to Texas intestacy laws rather than the deceased’s personal wishes. The rules of intestacy are essentially the state’s default estate plan for those who don’t formalize their wishes with a valid will.
How is the Estate Distributed?
Texas has a specific hierarchy for distributing assets when there is no will. The rules vary depending on whether the deceased was married, had children, or if there are surviving relatives:
- Married with children from the same marriage: The surviving spouse keeps all community property and separate property is split, depending on whether it is personal or real property-1/3 personal property to the spouse, and the remaining 2/3 personal divided equally among the children; children receiving all the separate real property, subject to the surviving spouse’s 1/3 life estate.
- Married with children from outside of the marriage: The children inherit the deceased’s half of community property, real and personal, while the spouse keeps only their half; separate property is split, depending on whether it is personal or real property-1/3 personal property to the spouse, and the remaining 2/3 personal divided equally among the children; children receiving all the separate real property, subject to the surviving spouse’s 1/3 life estate.
- Single with children: The estate is split equally among the children.
- No children or spouse: The estate goes to parents, then siblings, then descendants of siblings, then more distant relatives.
- No identifiable heirs: The estate may eventually “escheat,” or revert to the State of Texas.
What’s the Problem?
Dying without a will can create confusion, delays, and disputes among surviving family members, and can also involve costs that are easily be avoided with a valid will:
- A judicial determination of heirship can be expensive and time consuming, especially if all the heirs are not known. The probate court will appoint an attorney ad litem to represent unknown heirs, whose fees are an additional expense. Sometimes it may even be necessary to hire a genealogist, which can cost thousands of dollars.
- If there is a conflict, the court may also appoint an administrator to manage and distribute the estate – administrator fees can substantially diminish the estate.
- If there is a need for administration of the estate, it is more likely that it will be a court supervised dependent administration, especially if there are heirs who are minors. A dependent administration is always more costly in terms of legal fees and court costs, as well as time, than independent administration.
Working with an attorney who specializes in ensuring that your estate passes to those you wish will help in settling your estate quickly, accurately, and with minimal costs and impact to the estate itself. Contact McGarvey PLLC today to make sure your assets and heirs are protected.
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What Happens if you die Without a Will in Texas?
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