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What Happens If You Die Without a Will in Texas?

Dying without a will in Texas can create confusion, delays, and stress for loved ones left behind. Without clear instructions, the state decides who inherits your assets under a process known as intestate succession. If you’re dealing with a loved one’s estate—or considering your own estate planning—understanding how Texas law handles death without a will is crucial.

In this comprehensive guide, we’ll explain:

• What “intestate” means

• How property is distributed without a will

• The role of probate courts

• Common challenges families face

• How The Lange Firm in Sugar Land, Texas, can assist you

What Is Intestate Succession?

“Intestate” simply means dying without a valid will. When this happens in Texas, the state steps in to determine how the deceased’s property is divided. This process is governed by Texas Estates Code Chapter 201, which lays out the rules of intestate succession.

Who gets what depends on several factors, including:

• Marital status at the time of death

• Whether there are children

• Whether the property was separate or community property

• Whether parents, siblings, or other heirs are alive

Types of Property: Community vs. Separate

In Texas, property is divided into community and separate categories:

• Community Property: Acquired during the marriage (except for gifts or inheritance).

• Separate Property: Owned before marriage or received as a gift or inheritance.

Texas is a community property state, which plays a big role in intestate succession.

Who Inherits If There’s No Will?

Here’s how assets are generally divided when someone dies intestate in Texas:

1. Married With No Children

• Spouse inherits everything, including all community property and separate personal property.

• Separate real estate (like land) goes partially to the spouse and partially to other heirs, such as parents or siblings.

2. Married With Children (From That Marriage Only)

• Spouse keeps all community property.

• Spouse also gets 1/3 of separate personal property and 1/3 life estate in real property.

• Children receive the remaining 2/3 of separate personal property and the remainder interest in real property after the spouse’s life estate.

3. Married With Children From Another Relationship

• Children get the deceased’s half of the community property.

• Spouse keeps their own half of community property.

• Separate property is divided similarly to the above.

4. Single With Children

• Children inherit everything equally.

5. Single With No Children

• Property goes to the parents, then siblings, then more distant relatives, depending on who survives the decedent.

If no eligible heirs can be found, the estate “escheats” to the State of Texas.

Common Probate Issues in Intestate Estates

Probate without a will in Texas can be more complicated than with a will. The following are common issues:

1. Disputes Over Heirship

If the family disagrees over who should inherit, a formal heirship proceeding may be needed. This requires evidence and court determination.

2. No Executor Named

Without a will, there is no executor to administer the estate. The court must appoint an administrator, which can delay probate.

3. Minor Heirs

If heirs are minors, the court may appoint a guardian ad litem and place funds in a restricted account until the child reaches 18.

4. Nontraditional Families

Unmarried partners, stepchildren not formally adopted, and others outside the bloodline generally do not inherit unless named in a will.

The Role of the Texas Probate Court

When someone dies intestate, their estate typically goes through probate court in the county where they lived. Here’s how the process works:

1. Filing an Application for Administration

   • This notifies the court of the death and begins probate.

2. Appointment of an Administrator

   • The court selects someone to manage the estate (usually a close family member).

3. Notice to Heirs and Creditors

   • Legal notice must be given to potential heirs and creditors.

4. Inventory and Appraisal

   • The administrator lists and values all estate assets.

5. Debt Payment

   • The administrator pays off debts before distributing assets.

6. Distribution to Heirs

   • Remaining assets are divided according to Texas intestate laws.

This process can take several months—or longer if disputes arise.

Why It’s Risky to Die Without a Will in Texas

1. No Say in Who Gets What

Without a will, your personal wishes won’t matter. Texas law dictates distribution, even if that’s not what you would have wanted.

2. Higher Legal Costs

Heirship proceedings and administrative complications often lead to higher court and attorney fees.

3. Family Conflict

Ambiguity often leads to fighting among family members, sometimes resulting in lasting damage to relationships.

4. Unintended Disinheritance

Unmarried partners, foster children, or close friends will receive nothing under intestate succession.

How The Lange Firm Can Help

At The Lange Firm in Sugar Land, Texas, we understand the emotional and legal complexities of intestate estates. Whether you are:

• A surviving spouse needing guidance,

• A child unsure of your rights,

• A relative dealing with a contested estate,

We are here to walk you through every step of probate and heirship. Our firm handles:

• Probate administration for intestate estates

• Affidavits of heirship (when possible)

• Independent and dependent administration

• Litigation over heirship disputes

• Advice on converting assets to avoid probate in the future

We bring clarity and peace of mind to what can be a stressful and uncertain time.

Can You Avoid This Situation?

Absolutely. The best way to avoid intestate succession is simple: Create a valid will. Better yet, consider a complete estate plan that includes:

• A will

• Powers of attorney

• Healthcare directives

• Trusts (if needed)

With these documents, you ensure your wishes are followed, your loved ones are protected, and your estate is handled efficiently.

Conclusion

When someone dies without a will in Texas, their loved ones must navigate a legal process governed by intestate succession. It’s a process full of technical rules, legal procedures, and emotional weight. Understanding how assets are divided and what to expect from probate is essential—but you don’t have to face it alone.

The Lange Firm in Sugar Land, Texas, provides experienced legal support for families managing estates without a will. Whether you need full representation or a consultation to understand your rights, we’re ready to help you move forward with confidence.