Who Inherits Your Property In Texas If You Don't Have A Will

When someone creates a Will before they pass away, the probate process is fairly straightforward. However, if there is no legal Will, probate will be more complex, particularly if the estate is complicated. In Texas, an individual who dies without a Will is said to have died intestate. As a result, their estate will be distributed according to the Texas Estates Code, with the exception of these assets, if payable on death or beneficiary arrangements have been made for their disposition:

• Life insurance
• Retirement fund accounts such as IRAs and 401(k)s
• Property owned in joint tenancy with someone else
• Property in a living trust
• Payable-on-death bank accounts

Because Texas is a community property state, there are different rules for community and separate property. A property is considered community property if you acquired or accumulated it while married. In essence, community property is “marital property.”

In some cases, Texas's intestate law provisions for the estate are not the same as what the individual wanted for their assets. The costs of the proceedings necessary to dispose of an intestate estate are also often much more expensive, as I explain in this blog. These are just a few reasons why it’s so essential to draw up a Will sooner rather than later.

Who Inherits The Property When An Individual Dies Without A Will?

The individual or individuals who will receive the property of an individual who passes away without a Will depends on the person’s familial status, mainly whether they were married and are survived by a living spouse, how many children they had, and if they have living parents or siblings.

If there are a surviving spouse and children from the current marriage:

• The spouse will receive all of the deceased’s half of their marital property (while retaining their half of the property), one-third of their separate personal property, and a life estate interest in their separate real property (meaning they can remain on the property for the rest of their life or until they abandon the property as their residency.)
• The children will receive the remaining two-thirds of the deceased’s separate property.
  
  

If there are a surviving spouse and children from another relationship or marriage:

• The spouse retains their half of the marital property but does not receive their spouse’s half interest. They will still receive one-third of the separate personal property and the life estate in the separate real property.
• The children receive everything else, including the deceased’s half of the marital property.
  
  

If there is a surviving spouse but no children:

• The spouse will inherit all of the separate personal property and the deceased’s half of the marital property. They will also receive all of the separate real property (if there are no surviving siblings or parents) or half of the separate real property (if the parents or siblings are living).
  
  

If there are children but no surviving spouse:

• The children will receive all of the estate, divided between them.
  
  

If there is no spouse or children:

• All the property will be divided between parents and/or siblings. The parents will each receive half of the estate if both are surviving. If one of the parents has passed, the surviving parent will receive half and the remaining half will be divided equally among siblings. If there are no surviving parents, the estate will be divided between siblings or the descendants of deceased siblings.
• If there are only half-siblings, they are legally treated as full siblings.

Download this chart for visual breakdown of the distribution of property when there is no Will. 

A Qualified Attorney Makes All The Difference, Whether There Is A Will Or Not

Whether your loved one has already passed away without drawing up a Will, or you are considering what might happen to your estate should you neglect to do so, finding an experienced Texas attorney should be your next step.

A qualified attorney will walk you through the probate process so you know what to expect or guide you through the estate planning process so you can ensure your assets are passed down the way you desire.

If you would like to start either of these processes, reach out to Adair M. Buckner now for a free consultation.*

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*(The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)

** This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal, or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.