No one likes to think about death, but planning ahead can spare your loved ones a lot of stress and confusion. One of the most important steps in that planning is creating a will—a legal document that explains what should happen to your assets, your property, and even your children when you’re gone.
But what happens if you don’t have a will in Texas?
At Haugen Law Firm, P.C., we help Texans understand the consequences of dying without a will (known as dying “intestate”)—and why it’s so important to put a plan in place, no matter your age or income.
What Does “Dying Intestate” Mean?
If you pass away without a valid will, you are considered to have died intestate. This means the Texas Estates Code will determine how your property is divided and who receives it—not you and not your family’s preferences.
How Texas Decides Who Gets What
Texas has a specific intestate succession law that outlines who inherits your estate based on your family situation at the time of death. Here’s how it generally works:
- If You’re Married (and all children are with your spouse):
- Your spouse inherits all community property
- Your spouse inherits 1/3 life estate in separate real property
- Your children inherit 2/3 of separate personal property and an equal interest in real estate subject to life estate
- If You’re Married (and have children from a previous relationship):
- Your children inherit your share of community property equally
- Your spouse keeps their share of the community property
- Your spouse inherits 1/3 life estate in your separate real property
- Spouse inherits 1/3 of your separate personal property
- If You’re Single and Have Children:
- Your children will inherit everything, divided equally
- If You’re Single and Have No Children:
- Your parents may inherit
- If your parents are deceased, your siblings may inherit
- If no close relatives exist, the estate may go to more distant relatives
- If No Heirs Are Found:
- Your property will escheat to the State of Texas and they will determine how to divide it
Who Gets Custody of Minor Children?
If you have minor children and no document naming a guardian, the court decides who will raise them. This decision could:
- Create conflict between family members
- Place your child with someone you would not have chosen
- Involve costly legal proceedings
A properly drafted will allows you to choose a guardian you trust, ensuring your children are raised according to your wishes.
What About Your Assets and Debts?
Dying without a will can:
- Cause delays in distributing assets
- Lead to higher legal fees and court costs
- Spark disputes among surviving relatives
- Leave debts unresolved until the court appoints someone to act as your estate’s administrator
Having a will makes it easier and faster for your loved ones to settle your affairs.
Why a Will Matters—Even if You’re Young or Don’t Own Much
Many people think they don’t need a will because:
- They’re young
- They’re single
- They don’t have many assets
But if you:
- Own a car, bank account, home, or digital assets
- Have children or pets
- Want to leave something to a friend, partner, or charity
Then you need a will to make your wishes legally enforceable.
How to Avoid Intestacy in Texas
The best way to protect your loved ones and make sure your property goes where you want it to is to create a legally valid last will and testament. A basic will can cover:
- Distribution of your assets
- Guardianship of minor children
- Appointment of an executor
- Funeral or burial wishes
You can also supplement your will with other estate planning tools like a power of attorney, living will, or trust, depending on your needs.
Let Haugen Law Firm, P.C. Help You Plan Ahead
At Haugen Law Firm, P.C., we understand that estate planning can feel intimidating—but it doesn’t have to be. We make the process simple, affordable, and tailored to your unique life and goals.
Don’t leave your future in the hands of the state. Let’s create a plan that gives you control and gives your loved ones peace of mind.
At Haugen Law Firm, P.C., we’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today!