If you’re settling the estate of a deceased person who didn’t have a will, the family and loved ones often want to know what happens if someone dies without a will. In this situation, the distribution of the estate is governed by Texas intestacy laws, which determine who will inherit, how much will they inherit and in what order. Understanding how these laws work can help reduce confusion and prevent disputes during an already difficult time. 

What Types of Property Aren’t Passed by a Will

Not all property is handled through intestate succession laws. Certain types of property pass directly to beneficiaries when designated, bypassing probate. Examples include: 

  • Life insurance proceeds
  • Transfer on death real property deeds
  • Payable on death bank accounts
  • IRA, 401(k), or retirement plan where the beneficiary is named
  • Stocks or other securities held in a transfer-on-death (TOD) account

Who Becomes Executor if There Is No Will 

When there is no will, there is also no named executor to handle the deceased person’s estate. In this case, the probate court will follow Texas law, which sets out a specific order of priority for appointing someone to serve as the estate’s personal representative. This person is often called an administrator rather than an executor.

The list in the Texas Estates Code generally begins with the surviving spouse, followed by the principal heirs, and then other eligible family members. If none of these individuals are willing or able to serve, the court may appoint another qualified person, such as a creditor or even a public administrator. 

Understanding Intestate Succession in Texas 

In Texas, intestate succession determines how an estate is divided when someone dies without a will. Who inherits depends on whether the deceased had a surviving spouse, living children, parents, or other close relatives. 

If you die without a will, determining where your property will go can be complicated and stressful for the family.  In Texas, your family must first determine if the property is community property or separate property.  We help our clients to make this determination.

What Happens When a Married Person Dies Without a Will? 

In Texas, the spouse’s share of the property is determined based on whether the property is separate property or community property and whether the deceased spouse had children outside of the current marriage. 

  • Community property: This is property acquired during the marriage. The spouse will inherit all community property if there are no other children outside the marriage. If there are children outside the marriage, the surviving spouse does not inherit any of the deceased spouse’s community property, and the children split the deceased spouse’s share of community property.
  • Separate personal and real property: This is property acquired before marriage or by gift or inheritance. This is divided according to Texas intestate succession laws which can be confusing and complicated.  

Our firm assists clients before death in preparing their estate planning documents so that they are not surprised.

What Happens When a Parent Dies Without a Will? 

In Texas, your children may receive a share of your property when you die without a will. The size of the child’s share depends on how many siblings there are, parent’s marital status and who is the child’s parent.

What Happens if a Child Is Not a Blood Child or Legally Adopted? 

If there is no will, a child must be legally considered the deceased person’s child.  For many families, this is not a confusing issue. However, it is not always clear.

  • Adopted children are children who have been legally adopted and will receive an intestate share, just as biological children do. (Tex. Est. Code §201.054 (2024)).
  • Foster children and stepchildren whoare not legally adopted will not automatically receive an intestate share.
  • Children placed for adoption. In Texas, children placed up for adoption and were legally adopted by another family may be entitled to an intestate share of your estate. (Tex. Est. Code §201.054 (2024)).
  • Posthumous children. Children conceived by you but not born before your death will receive a share as long as they survive for at least 120 hours. (Tex. Est. Code §201.056 (2024)).
  • Children born outside of marriage. These children may receive a share of your estate if (1) deceased person participated in a marriage ceremony with the mother—even if it later turned out to be void, (2) deceased person acknowledged paternity in writing, (3) deceased person adopted the child, (4) the paternity was established under Texas law during the lifetime, or (5) deceased person’s child petitioned the probate court to determine paternity and inheritance rights and paternity is established. (Tex. Est. Code §201.052; Tex. Fam. Code §160.204 (2024)).
  • Children born during marriage. Any child born during a marriage is assumed to be the spouse’s child and will receive a share of the estate. (Tex. Fam. Code §160.204 (2024)).
  • Grandchildren. A grandchild will receive a share only if that grandchild’s parent (deceased person’s son or daughter) is not alive to receive his or her share. (Tex. Est. Code §201.101 (2024)).

This can be a tricky area of the law, and our law firm in Houston will help you understand these laws. 

Need Legal Guidance on an Estate Without a Will? Speak to a Houston Probate Lawyer

If you’re facing the challenges of intestate succession or wondering what happens if someone dies without a will, our experienced estate planning and probate lawyer in Houston can guide you. We’ll explain Texas intestacy laws, help determine who inherits property, and ensure the estate plan is handled correctly.

Contact us today for a free consultation and get clarity on how to protect your family’s rights.