You may know that a will allows you to appoint an executor for your estate after your death and direct the distribution of your assets. But what happens if you die without a will in Texas?
Understanding Intestacy Laws
State intestacy laws govern the distribution of deceased people’s assets when they pass away without leaving a will. These laws identify which of a decedent’s family members can inherit from the estate and what portion of the decedent’s estate each eligible family member will receive. Intestacy laws also decide what happens to any assets in a decedent’s estate not covered by their will, such as when a person does not have a residuary clause.
How Texas Intestate Succession Works
Texas’s intestate succession law determines who will inherit assets from a decedent’s estate not distributed by the decedent’s will. The distribution of assets under the intestate succession law will depend on whether a decedent has a surviving spouse.
The decedent passes away without a surviving spouse
The property of an intestate decedent who passes away without a surviving spouse passes in the following order:
- To the decedent’s children and any predeceased child’s descendants
- If no descendants survive the decedent, then in equal portions to the decedent’s parents
- If the decedent has only one surviving parent, then in equal portions to the surviving parent and to the decedent’s siblings or the descendants of any predeceased siblings, or entirely to the surviving parent if the decedent had no siblings
- If the decedent has no surviving parents, then to the decedent’s siblings or the descendants of any predeceased siblings
If the decedent has no descendants, parents, or siblings, then in equal portions to the decedent’s surviving maternal and paternal relatives in the following order:
- In equal portions to maternal/paternal grandparents if both grandparents on the maternal or paternal side survived the decedent
- If only one grandparent on the maternal or paternal side survived the decedent, then in equal portions to the surviving grandparent and to the surviving descendants of the deceased grandparent, or entirely to the surviving grandparent if the deceased grandparent has no surviving descendants
- If no grandparents survived, then to the nearest lineal ancestor and their descendants
The decedent passes away with a surviving spouse
When a decedent passes away with a surviving spouse, the community estate of the deceased spouse passes to the surviving spouse if the decedent has no surviving descendants or if all surviving descendants are also descendants of the surviving spouse. Otherwise, the surviving descendants not related to the surviving spouse inherit the deceased spouse’s interest in the community estate.
If the decedent has one or more descendants, the intestate succession law passes the decedent’s separate estate by:
- One-third of the decedent’s personal property goes to the surviving spouse
- Two-thirds of the decedent’s personal property goes to the decedent’s children or the descendants of any predeceased children
- A life estate in one-third of the decedent’s separate real estate, with the remainder passed to the decedent’s children or the descendants of any predeceased children
If the decedent left no descendants, the intestate succession law passes the decedent’s separate estate by:
- All personal property to the surviving spouse
- One-half interest in real estate to the surviving spouse, with the other half passing in the same manner as if the decedent did not have a surviving spouse
How to Avoid Intestacy
By drafting a will, you can avoid intestate succession and ensure that your property goes to whom you choose. A will should also include a residuary clause to ensure that you direct the distribution of any assets not specifically bequeathed by the will.
Contact an Estate Planning Attorney Today
Don’t leave the disposition of your assets to the dictates of state law. With a will, you can decide what happens to your property after your death. Contact Carroll Law Group, PLLC, today for a confidential consultation with an estate planning attorney to discuss the importance of a will.