What Happens if You Die Without a Will in Texas?
Feb. 6, 2025
Estate planning may not always be on the top of your mind, but its importance becomes glaringly apparent after the passing of a loved one who left no will. Without legal direction, the distribution of assets and guardianship of minors can become complicated and emotionally draining for the family left behind.
For Texas residents, lacking a will means their estate will fall under the state’s intestate succession laws, which may not align with what the deceased would have wanted.
This blog explains what happens when someone dies without a will in Texas, outlines the intestate succession process, and provides actionable steps to avoid dying intestate. It also explains how James P. Peterson Attorney at Law, based in San Antonio and serving clients in New Braunfels and Boerne, can assist in safeguarding your legacy and protecting your loved ones.
Intestate Succession in Texas
When someone dies without a will, this is referred to as dying "intestate." Under intestate succession, state laws determine how assets are distributed. Texas’ intestate succession laws are laid out in the Texas Estates Code, which governs the distribution of both community and separate property.
These laws aim to prioritize close family members, but they often fail to account for modern complications such as blended families or unmarried partners.
The Role of the Texas Estates Code
The Texas Estates Code ensures a legal framework for the distribution of assets when no will is in place. It dictates how property ownership is passed down based on the deceased’s family structure.
While this code may help resolve certain issues, it’s rarely as straightforward as having a valid will, often leaving families to endure lengthy, expensive, and emotionally taxing probate proceedings.
Immediate Effects of Passing Without a Will
The absence of a will brings about several immediate consequences.
Appointment of an Administrator
Without a will designating an executor, the state appoints an administrator to handle the estate. This person is tasked with gathering and managing assets, repaying debts, and distributing remaining property to heirs as per Texas law.
However, this process can be time-consuming and may lead to disagreements, especially if family members are divided on who should take on the role.
The Probate Process
Probate is the legal procedure for distributing a deceased person’s estate. When no will exists, this process can be significantly more difficult. Heirs may need to prove their claim to the estate, and any disputes over the distribution may lengthen the court proceedings.
Family Challenges
Families often face financial and emotional strain without clear guidance provided by a will. Disputes over ownership of certain assets, guardianship of young children, or interpretation of the deceased’s wishes can create divisions, sometimes leading to costly litigation.
Asset Distribution According to Texas Law
Texas has specific laws governing the distribution of both community and separate property. The laws are influenced by marital and parental status.
For Married Individuals
With children: If the deceased was married and had children, their community property is typically divided, with the surviving spouse retaining half and the children inheriting the other half equally.
Without children: If the deceased did not have children, the surviving spouse usually inherits all community property.
For Single Individuals
With children: All assets pass equally to the children. If a child has predeceased the parent, their share may pass to their descendants.
Without children: The estate first goes to parents. If no parents survive, it passes to siblings or extended relatives according to the intestate hierarchy.
Community vs. Separate Property
Texas distinguishes between community property (acquired during marriage) and separate property (owned before marriage or acquired as a gift or inheritance). Community property is shared equally, while separate property is allocated differently, often involving extended family.
These rules can be confusing. Consulting with a seasoned attorney like James P. Peterson provides peace of mind that your family can efficiently address all legal aspects during this process.
What Happens to Minor Children?
If the deceased had minor children, the absence of a legal guardian named in a will creates a major issue.
Guardianship Decisions
The court determines who will take custody of the minor children. This decision may not align with the deceased’s wishes, as judges are bound to follow Texas law and only consider the children's best interests with guidance from appointed parties.
Custody Arrangements
Family court proceedings may delay custody arrangements, especially if multiple relatives express interest in guardianship. Such disputes further complicate an already difficult time for the bereaved family.
By working with James P. Peterson Attorney at Law, you can establish legal guardianship through a will and avoid these uncertainties.
Potential Disputes Among Heirs
Estate disputes are common when someone passes away without a will.
Sources of Conflict
Discrepancies over the distribution of property, guardianship, or debts can result in disagreements among heirs. Texas probate courts often intervene in these matters, which can delay the process significantly.
Resolve Through Court
When conflicts escalate, courts may be forced to allocate property through extended probate proceedings or litigation. This can be both emotionally and financially draining for the family.
James P. Peterson helps create legally sound wills that can mitigate many of these conflicts.
How to Avoid Dying Intestate
The solution to avoiding these issues is simple—create a legally valid will. To create a valid will in Texas, it's important to complete the following steps.
Take inventory of your assets and debts
Decide how your property will be distributed and who will act as executor
Appoint a guardian for minor children, if applicable
Consult with an estate planning attorney to draft and finalize the document
The Role of James P. Peterson
Creating an enforceable will is a detailed process that benefits from professional input. Based in San Antonio, Texas, James P. Peterson Attorney at Law specializes in estate planning, helping residents in Boerne and New Braunfels craft wills tailored to their needs. Working with him will reduce the likelihood of errors or legal challenges down the line.
Secure Your Family’s Future Today
Planning for the future is one of the most thoughtful steps you can take for yourself and your loved ones. Without a proper plan in place, your family’s future could be left vulnerable to lengthy legal battles and unnecessary stress.
James P. Peterson is here to simplify the process and provide personalized guidance. Reach out to his firm to schedule your free strategy session and take the first step toward peace of mind.