Losing a loved one is hard enough without also having to figure out what happens to their belongings, their accounts, and their property. When someone dies without a will, that process gets more complicated. Here is what families in Texas need to know.
The Legal Term Is “Dying Intestate”
When a person dies without a valid will, Texas law says they died “intestate.” That means the state steps in with a set of default rules, called the laws of intestate succession, that determine who inherits the estate. It does not matter what the deceased may have wanted or what family members believe was intended. If there is no will, the law decides.
Who Inherits Under Texas Law?
Texas intestacy law follows a specific order of priority based on family relationships. The results can surprise people, especially in blended families or situations involving unmarried partners.
A few examples of how it typically works:
- If the deceased was married with children from that marriage, the spouse and children share the estate, though the division depends on whether the property is separate or community property. If the deceased owned any separate property, the children co-own with the spouse. If any child is a minor, this creates real complications.
- If there are children from a prior relationship, the surviving spouse may not inherit as much as people assume. Or, from the perspective of the kids, the spouse may get far more than they believe is fair.
- An unmarried partner, no matter how long the relationship, inherits nothing under intestate law.
- Stepchildren do not automatically inherit unless they were legally adopted.
The rules get complicated quickly, and the outcome is often not what the family expected.
Probate Still Happens
A common misconception is that dying without a will means avoiding probate. In most cases, that is not true. The estate still needs to go through a court process, but without a will to guide it, the process can take longer and require more court involvement. The court may need to appoint an administrator to manage the estate, and that administrator may have less flexibility than an executor named in a will would have.
Depending on the size and complexity of the estate, Texas offers simplified procedures for smaller estates, such as a small estate affidavit or affidavits of heirship. Whether those options are available depends on the specific facts.
What About Minor Children?
If the deceased had minor children and no will or declaration of guardian, there is also no named guardian. A court will make that determination. While the court will act in the best interest of the children, the absence of a will means the deceased had no say in who raises them. That alone is one of the most compelling reasons families with children should have an estate plan in place.
This Is Why Estate Planning Matters
Intestate succession exists as a backup, not as a plan. The state’s default rules are designed to be broadly fair, but they are not designed around your specific family, your relationships, or your wishes. A will lets you make those decisions yourself.
If you are dealing with the estate of someone who passed without a will, or if this post has prompted you to think about your own planning, we are glad to help. At Ellen Williamson Law, PC, we work with families throughout the Dallas area every day on exactly these matters. Whether you need a Dallas, TX probate lawyer to help administer an estate or an attorney to put an estate plan in place so your family is not left sorting this out later, contact us to schedule a consultation. We are here when you are ready.