Many people write wills to direct the distribution of their estate to their loved ones and other beneficiaries. However, when you pass away without a will in Texas, your estate will go through intestate succession. Before you decide to forgo writing a will, you should understand what will happen to your property if you die without leaving a will. Knowing what intestate succession may mean for your wealth and your family can help you make informed decisions during the estate planning process.
Understanding Intestacy
Intestacy refers to dying without a valid, enforceable will. A person may die intestate when they do not write and execute a will, when they have an invalid will (e.g., improperly executed, lack of capacity, undue influence), or when their will does not dispose of all their estate assets (including due to the lack of a residuary clause). When a person dies owning assets not distributed by a will or other estate planning documents, state intestacy law determines who will inherit those assets, regardless of the decedent’s wishes during their life.
How Intestate Succession Determines Heirs in Texas
Texas’s intestate succession law determines a decedent’s heirs based on whether the decedent has a surviving spouse. When a person dies without a spouse, then their estate passes to specific family members in the following order:
- The decedent’s children or descendants
- The decedent’s parent(s)
- The decedent’s sibling(s)
- The decedent’s grandparent(s)
- The descendants of a decedent’s deceased grandparent
When a person leaves a surviving spouse, the distribution of their estate also depends on whether an asset qualifies as separate or community property under Texas’s community property laws. The separate property of a decedent passes as follows:
- One-third of the personal estate to the surviving spouse and two-thirds to the decedent’s children or descendants
- A life estate in one-third of the decedent’s real estate to the surviving spouse, with the remainder passing to the decedent’s children or descendants
If a decedent had no children, then the surviving spouse inherits the entire personal estate and one-half of the decedent’s real estate.
A surviving spouse also inherits the entire community property if the decedent had no children or shared all their children with the surviving spouse. Otherwise, children or descendants not shared with the surviving spouse inherit the decedent’s interest in the community estate.
What Assets Pass Through Intestate Succession
Examples of assets that can pass through intestate succession when not covered by a will include:
- Solely owned real estate (e.g., not in a joint tenancy with right of survivorship)
- Bank, investment, retirement, or pension accounts without beneficiary designations
- Death benefits from life insurance policies without beneficiary designations
- Personal property, including vehicles, jewelry, artwork, and collectibles
Risks of Dying Without a Will
Some of the downsides of not creating a will to distribute your estate after death include:
- Potential for family conflict as the law, not family dynamics or personal wishes, determines who inherits
- Unintended inheritances or disinheritance, especially in blended families
- Requirement for court-ordered guardianship of a decedent’s orphaned children
- Inability to implement tax strategies
- Exposure of estate assets to creditor claims
- Lack of control over designating the administrator of the estate
Contact an Estate Planning Attorney Today
Knowing what happens to your assets after you die if you do not write a will can help you understand the importance of estate planning. A knowledgeable attorney can walk you through the pros and cons of passing your wealth through intestate succession. Contact Carroll Law Group, PLLC today for a free, no-obligation consultation with a Texas estate planning lawyer to learn more about intestate succession and what it means for your estate and your family if you pass away without leaving a will.