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Who Gets Your Assets If You Die Without A Will?

In Texas, when a person dies without a will, the state’s intestate succession laws determine who gets the person’s property. Texas law has a specific order of priority for distributing assets, and the distribution depends on whether you’re married, have children or other family members.

Here’s a general breakdown of how assets are distributed if you die intestate in Texas:

• If you are married and have children — Your spouse and children will share your estate. If any of your children are under 18, the surviving spouse can manage their inheritance as their guardian until they reach adulthood.
• If you are married and have no children — Your spouse will inherit everything, including both community and separate property.
• If you are unmarried and have children — Your children will inherit your estate, and if any are under 18, a legal guardian will be appointed to manage their inheritance until they turn 18.
• If you have no spouse or children — Your estate will pass onto your parents, siblings or more distant relatives, depending on who is available.

This means that, without a will, your assets may not go to the people you intended. For example, if you wish to leave your property to a close friend or charity, the state’s laws will override that decision.

The Role Of The Courts In Intestate Succession

When you die intestate, the court will appoint an administrator to manage your estate. This person is usually a close family member, but the court may appoint someone else if no family members come forward.

The administrator is responsible for paying debts, gathering assets and distributing property according to Texas law. The process is known as probate, and it can be lengthy and costly compared to the relatively simple process of distributing assets with a will.

What Happens To Personal Belongings After Death Without A Will?

In addition to the legal elements of estate distribution, personal belongings like heirlooms, sentimental items or other personal property can be difficult to deal with if you die without a will.

In Texas, these items are considered part of your personal estate. Without a will, the distribution of personal belongings after death can cause confusion or disagreements among family members.

Here are some common concerns when personal belongings are involved:

• Heirlooms or valuable items — Without clear instructions, disputes can arise over who gets items with sentimental or financial value.
• Property that’s not easily divisible — Real estate or expensive items may be difficult to split between multiple heirs, leading to potential conflicts or the sale of the property.
• Family disputes — Without clear guidelines, family members might argue over who gets what, creating possible tension and legal battles.

Creating or making updates to your will can prevent these disagreements, thanks to clear, legally binding outlines.

The Bottom Line: Don’t Leave Your Legacy to Chance

While Texas law provides a framework for distributing assets when someone dies intestate, it’s not always aligned with your personal wishes. By having a will in place, you ensure that your belongings go to the people you care about, and you avoid unnecessary complications during the probate process.

At Bineham & Gillen, we help families in Helotes, TX, and surrounding areas create comprehensive estate plans that reflect their wishes and provide peace of mind. Whether you need help drafting a will, understanding the probate process or managing your estate, our team is here to assist you. Trust us to help you identify the type of will you need and draft it according to Texas law.

Contact us today to schedule a consultation and start planning for your future.