What Happens If You Die Without a Will in Texas?
Texas law dictates that you have the right to pen a will that, upon your passing, distributes your property according to your wishes. Composing a will is vital for ensuring that those you leave behind are taken care of the way you intend — because otherwise, it’s up to Texas’ intestate succession laws (which you can read in full here), a formula devised to distribute your property amongst your next of kin.
The more complicated your family tree, the more complex the intestate succession equation. Here’s how Texas’ intestate succession laws work if you die without a will in Texas.
How Your Property Gets Divided Without a Will in Texas
Here’s an overview of how Texas law divides up your property if you die without a will. If you are:
Single without children: Your estate will be split in half between your parents.
- No surviving parents? Your estate will be split between your siblings and their descendants.
- No surviving siblings? Half of your estate will go to your parents, and half will be divided amongst your siblings’ descendants.
- No surviving parents or siblings? Your estate will be divided between your siblings’ descendants.
- No parents, siblings, or siblings’ descendants? Half of your estate will go to surviving extended family members (aunts, uncles, cousins, etc.) on your mother’s side, and half will go to surviving extended family members on your father’s side.
- No parents, siblings, siblings’ descendants, aunts, uncles, or cousins? Your property goes to the state. This is an extremely rare circumstance — but it happens.
- What about half siblings? If you only have half siblings, the “sibling” portion of your estate is divided between them equally. If you have half and full siblings, the half sibling receives half of what a whole sibling inherits.
Single with children: Your children will inherit everything.
- If one of your children passes away before you, that portion of the estate is split between their surviving children.
Married without children: Legally married couples in Texas potentially have two types of property: community property and separate property. Community property is anything you acquired while married. Separate property is anything acquired before you tied the knot, and gifts and inheritances (even if acquired during marriage).
- Are you survived by your parents? Your spouse inherits all your community property, personal property, and half of your separate real estate. The rest goes to your parents.
- Are you survived by siblings but no parents? Your spouse inherits all your community property, personal property, and half of your separate real estate. The rest goes to your siblings.
Married with children: Children in this scenario can be either biological or adopted. Foster children and stepchildren you are not the legal guardian of will not receive an inheritance.
- If they are also your spouse’s child, your spouse inherits all community property, a third of your separate personal property, and the right to use your real estate for life. However, upon their passing, it will go to your children.
- If they are not your spouse’s child, your spouse keeps half of your community property, a third of your personal property, and the right to use your real estate for life. However, upon their passing, it will go to your children. The children inherit half of the community property and everything else.
- If you are legally separated, your spouse will not be entitled to your property.
The Best Day to Write a Will Is Today
It may sound intimidating, but creating a will is less complicated than you might think. A handwritten will dictating your wishes is legally binding so long as you meet at least one of the following descriptions:
- You are 18 years of age or older.
- You have been lawfully married.
- You are a member of the U.S. armed forces.
No signatures, attorneys, or visits to the courthouse are required, though you should tell the beneficiaries where they can find the will. Doing so ensures that your wishes will be fulfilled exactly how you’d like.
You’ll also want to create a living will, which allows you to preemptively make decisions about your medical care if you’re incapacitated in an emergency situation. Creating a will, a living will, and reviewing your coverage are all ways to ensure things are arranged the way you want. Contact your Texas Farm Bureau Insurance Agent to schedule a review of your coverage and protect your assets. Learn more about creating a living will here.
Coverage and discounts are subject to qualifications and policy terms and may vary by situation.
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