I think it's fair to say that in general, we Texans like to make our own decisions. Yet would you be surprised to know that a majority of Texans have chosen to let the state write a will for them instead of writing one for themselves? It's true. If you haven't written a will of your own, you're choosing a state-written one-size-fits-all plan.
Just like one-size-fits-all shirts actually do fit a few people, the distribution scheme provided by Texas' intestacy statute is reasonably close to what some people would choose. Yet as those big "one size" shirts are way too big or too small for most of us, the state's will looks very different from the one many people would choose to write. Same sex couples, for example, must write a will if they want their probate property to pass to their partner as the state regards them as single (pending the Supreme Court's final word on the matter). And the parent of a disabled child might prefer to write a will provision or stand-alone special needs trust which distributes property to that child in a way that doesn't affect the child's eligibility for public benefits. Blended family situations are another example of where a person's wishes might not match the state's default provisions.
And even those people whose wishes do line up with the statute's distribution scheme would generally benefit from a will due to a cheaper probate process and the ability to designate an executor of the will and guardians of your minor children. Speaking of minor children, if you don't designate a guardian for them, the state has taken care of that for you. The state has also taken care of establishing who would have preference if you need a guardian should you become incapacitated.
I'm a 6th-generation Texan and proud of my roots. But as fond as I am of the Lone Star State, I believe I know better than Texas who I want raising my children and receiving my property when I die.
If you don't yet have an estate plan which expresses your wishes, why not honor the spirit of those early Texas patriots and declare your independence from a generic cookie-cutter estate plan?