what happens if a married person dies without a will

What Happens If Someone Dies Without a Will in Texas

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 […]