Most people assume they’ll get around to writing a will eventually. Maybe after the next promotion, or when the kids graduate, or when retirement starts feeling real instead of theoretical. But life has a way of interrupting those plans, and when someone dies without a will in Texas, the state steps in to decide who gets what. That process is called intestate succession, and it rarely matches what the deceased person actually wanted.
The uncomfortable truth is that dying without a will doesn’t just create legal complications—it can tear families apart. When the law decides who inherits your property, it follows rigid formulas that don’t account for family dynamics, financial need, or personal relationships.
Which Assets Pass by Intestate Succession
Not everything you own goes through intestate succession when you die without a will. Some assets pass directly to beneficiaries regardless of what Texas inheritance laws say. Life insurance policies with named beneficiaries, retirement accounts with designated beneficiaries, and jointly owned property with rights of survivorship all bypass the intestate process entirely.
What does go through intestate succession includes property you own solely in your name—your house, car, bank accounts, investment accounts, and personal belongings. If you own property as “tenants in common” with someone else, your share goes through intestate succession, but their share doesn’t.
Business interests can be particularly complicated. If you own part of a company or professional practice, that ownership interest becomes part of your estate and gets distributed according to intestate succession laws. This can create problems for business partners who suddenly find themselves working with your relatives instead of people they chose.
Texas Inheritance Order – Who Gets What
Texas law establishes a specific hierarchy for who inherits when there’s no will. The distribution depends on your family situation at the time of death, and the results often surprise people.
Married With Children
If you’re married and have children, your spouse doesn’t automatically inherit everything. Instead, your spouse gets one-third of your personal property and a life estate in one-third of your real estate. Your children inherit the remaining two-thirds of your real estate and two-thirds of your personal property.
However, if all your children are also your spouse’s children, the distribution changes. Your spouse gets all personal property and one-third of your real estate, while your children inherit two-thirds of the real estate.
Married Without Children
If you’re married but have no children, your spouse shares your estate with your parents if they’re still alive. Your spouse gets all personal property and one-half of your real estate, while your parents inherit the other half of your real estate.
If your parents are deceased, your spouse shares with your siblings. If you have no siblings, your spouse might share with more distant relatives like grandparents, aunts, or uncles.
Single With Children
If you’re unmarried and have children, they inherit everything equally. If one of your children has died but left grandchildren, those grandchildren inherit their parent’s share through “per stirpes” distribution.
This equal distribution treats all children the same, regardless of their circumstances, relationship with you, or financial need.
Single Without Children
If you’re unmarried with no children, your parents inherit everything if they’re alive. If your parents are deceased, your siblings inherit equally. Half-siblings inherit the same as full siblings.
If you have no siblings, the inheritance goes to more distant relatives in a specific order: grandparents, aunts and uncles, cousins, and so on.
No Immediate Family (Escheat to State)
If no relatives can be found, your property eventually goes to the state of Texas through escheat. This rarely happens, but it illustrates how the law prioritizes any blood relative, no matter how distant, over friends, charities, or other important people in your life.
Consequences of Dying Without a Will
Intestate succession creates problems beyond just unexpected inheritance distributions. The process typically takes longer and costs more than probate with a valid will because the court must determine who your heirs are and what they’re entitled to receive. Reach out to our probate lawyers in Houston, TX, to avoid these potential consequences:
Family conflicts often arise when the legal distribution doesn’t match what family members think you would have wanted. Your responsible child gets the same inheritance as your child who struggles with addiction. Your long-term partner gets nothing if you weren’t married.
Minor children who inherit property need court-appointed guardians to manage their inheritance until they reach adulthood. This creates ongoing court supervision and additional expenses that could have been avoided with proper planning.
The court also can’t consider your personal wishes about who should manage your estate. Instead of choosing someone you trust, the court appoints an administrator based on the legal priority list, which might not result in the best choice for your specific situation.
Working with an experienced will lawyer in Houston, TX, can help you avoid these problems by creating a will that reflects your actual wishes and protects your family from the rigid, impersonal results of intestate succession. Learn more about our law firm in Houston, TX.
Don’t leave your legacy to chance. Contact us today to create a will that reflects your wishes.
