DO I need a will in Texas?
If you pass away without a valid will in Texas, your estate will be distributed according to the state’s laws of intestate succession. Intestate succession is a set of rules that govern how your assets and property will be distributed when you die without a will or when your will is not considered valid. Here’s what happens if you don’t have a will in Texas:
- Spouse’s Share:
- If you have a surviving spouse but no children, parents, or siblings, your spouse will inherit your entire estate.
- If you have a surviving spouse and children (from you and your spouse), your spouse will typically receive all of your community property and a one-third share of your separate property. Your children will inherit the remaining two-thirds of your separate property.
- Children’s Share:
- If you have children but no surviving spouse, your children will inherit your entire estate in equal shares.
- Parents’ Share:
- If you have no surviving spouse or children, your estate will pass to your surviving parents equally if both are alive. If only one parent is alive, that parent will inherit your estate.
- Siblings’ Share:
- If you have no surviving spouse, children, or parents, your estate will pass to your siblings (brothers and sisters) in equal shares.
- Extended Family Share:
- If you have no surviving spouse, children, parents, siblings, or other close relatives, your estate may pass to more distant relatives, such as aunts, uncles, or cousins.
If no heirs or relatives can be located, your property may eventually escheat to the state of Texas.
It’s important to note that the laws of intestate succession do not take into account your individual wishes, and the distribution may not align with what you would have preferred. Creating a will allows you to have control over the distribution of your assets and property, including specifying beneficiaries, bequests, and other instructions.
To ensure that your estate is distributed according to your wishes and to avoid potential disputes among heirs, it’s generally advisable to create a valid will in Texas. Consulting with an attorney can help you navigate the legal requirements and draft a will that accurately reflects your intentions.