Many people believe that if they pass away without a will, everything will “just go to their family.” While that’s partially true, Texas has specific laws that determine exactly who gets what—and it may not be what you expect.
At Haugen Law Firm, P.C., we help families navigate these situations and explain how Texas intestate succession laws work when someone dies without a valid will.
Let’s break it down.
What Is Intestate Succession?
If you die without a will, you are said to have died “intestate.” That means your estate will be distributed according to Texas intestacy laws—a legal formula that decides which of your relatives will inherit your property.
These laws do not consider your personal relationships, verbal promises, or intentions. That’s why having a will is so important.
What Property Is Affected?
Only probate property is distributed under intestacy laws. This includes:
- Property you own in your name only
- Real estate, vehicles, or bank accounts without a named beneficiary
- Personal belongings
- Property that does not pass through probate (and thus doesn’t follow intestacy laws) includes:
- Life insurance policies with a named beneficiary
- Retirement accounts (IRA, 401(k)) with a beneficiary
- Payable-on-death (POD) accounts
- Property properly in a living trust
- Jointly owned property with right of survivorship
Who Inherits Under Texas Law?
Here’s a simplified guide based on common family situations:
1. Married with Children (All with Current Spouse)
- Spouse 1/3 life estate in real property
- Spouse inherits all community property
- Spouse also inherits 1/3 of separate personal property
- Children inherit 2/3 of separate personal property and an equal interest in real estate subject to the life estate
2. Married with Children (from a Prior Relationship)
- Children inherit all of the deceased’s community property equally
- Spouse keeps their half of community property
- Spouse still inherits 1/3 life estate in separate real property
- Spouse inherits 1/3 separate personal property
In blended families, this can create conflict. Your spouse may not inherit everything you assumed they would.
3. Married, No Children
- Spouse inherits all community property
- Spouse inherits separate personal property
- Separate real estate may go partially to parents or siblings
- When one of the deceased’s parents has died but the other is still living, a portion of the deceased parent’s share of the separate property passes equally to the deceased’s brothers and sisters
- If there are no surviving parents or siblings, the surviving spouse receives the entirety of the separate property.
4. Single with Children
- Children inherit everything in equal shares
5. Single, No Children
- Parents inherit everything if both are living
- If 1 parent:
- 1/2 to parent
- 1/2 to sibling
- If no parents:
- Siblings inherit
- If no siblings, it goes to more distant relatives
6. No Living Relatives
- If the court cannot locate any legal heirs, your estate “escheats” to the State of Texas.
What If I’m in a Common-Law Marriage?
Texas does recognize common-law (informal) marriages under certain conditions. But your partner must prove the marriage existed—otherwise, they may receive nothing under intestacy laws.
What Happens in Probate?
Without a will, your estate must go through probate. The court will:
- Appoint an administrator
- Determine heirs
- Authorize asset distribution based on intestate laws
This process can be lengthy, expensive, and emotionally difficult—especially if there’s confusion or disagreement among family members.
Why Having a Will Matters
By creating a valid will, you:
- Choose who inherits—not the state
- Appoint a trusted executor
- Name a guardian for minor children
- Avoid family disputes
- Save time, money, and stress for loved ones
Without a will, even close relationships—like unmarried partners, stepchildren, or close friends—are not recognized under Texas intestacy laws.
Let’s Plan for Peace of Mind
Ask about our simple will packages and full estate plans
Don’t let the state decide who gets what. A will is one of the most important gifts you can leave behind—and we’re here to help you create it with confidence.
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!