The death of a close family member is a destabilizing and grief-filled time, and having to cope with the legalities of settling their estate after they’re gone can be confusing. Having to discover that your loved one died without making a will can intensify these feelings.

However, understanding the procedures that are required when there’s no will can provide ease of mind and inform you of the actions you need to take. Here's what you need to know.

Table of Contents

What Happens When Someone Dies Without A Will

How Can I Settle An Estate Without A Will

What Is Intestate Succession

What Are The Texas Intestate Succession Laws

Continuing The Line Of Succession

If a person in Texas dies without having made a will, their estate and how it’s distributed will fall under Texas’ succession laws, which follow a very strict inheritance hierarchy.

The state of Texas determines who inherits on the basis of familial proximity. This means that a deceased’s spouse, children, parents, and siblings may all be eligible for certain percentages of the estate, depending on what familial configuration existed at the time of the estate holder’s death. Oftentimes the most immediate beneficiary will be the surviving spouse, followed by any adult children.

The probate court will also name an administrator to oversee the settlement of the estate. An administrator is basically the same thing as an estate executor, but simply for estates without a will.

The Texas intestacy laws dictate that the estate of a deceased without a will has to be distributed to their closest family. Depending on the size and type of assets, the estate has to go through the intestacy probate process. A small estate with assets under $75,000 doesn't have to go through the process, and an inheritor can proceed by filing a small estate affidavit to state their entitlement to a specific asset.

If you die without a will in Texas, you’re considered to have died intestate, and all of your assets are distributed according to the state’s succession laws, which follow a very strict inheritance hierarchy.

While that doesn’t sound too bad at first, it means that none of your specific wishes will be taken into consideration. Close friends and anyone not considered an immediate relative have no claim to your estate, no matter what was promised to them during your lifetime. That means that you have no control over how your assets will be distributed once you’re gone.

The Texas Intestate Succession Laws uses a statutory formula to determine how an estate will be distributed. Depending on the familial configuration at the time of the deceased's death, it implies that the next of kin, i.e., spouse, children, parents, and siblings, are all eligible for a certain percentage of the deceased's estate. Here follows a brief overview:

If the deceased leaves behind:

• A spouse, no children, and no parents: Spouse inherits the entire estate;

• A spouse and your mutual children: The spouse inherits all of the community property, which refers to property that was owned jointly by spouses, as well as ⅓ of the deceased’s personal property and the right to their real estate. The children inherit everything that remains;

• A spouse and your children from someone else: The spouse inherits half of the community property as well as ⅓ of the deceased’s personal property and the right to their real estate. The children inherit everything else, including the remaining half of the community property that belonged to the deceased;

• A spouse and parents: The spouse inherits all of the community property as well as all of the personal property. They also inherit ½ of any real estate independently owned by the deceased. The deceased’s parents inherit the rest;

• A spouse and siblings: The deceased’s spouse inherits all of the community property as well as your personal property. They inherit ½ of any independently-owned real estate, while the siblings inherit the rest;

• Children, no spouse: The children inherit the entire estate equally among themselves;

• Parents, no spouse, no children: The parents inherit the entire estate;

• Siblings, no parents, spouse, nor children: The siblings inherit the entire estate equally among themselves;

Grandchildren are usually eligible only if their parents (the deceased’s children) are deceased at the time of the testator’s death, but would have otherwise been eligible as heirs.

If the deceased left behind no spouse, parents, children, or siblings, then the state of Texas will continue going down the family tree. That means that, if a suitable heir can’t be found, nieces and nephews, grandparents, or aunts and uncles will be next in line. In the unlikely event that no living relative can be found, the deceased’s estate will “escheat” to the state of Texas, meaning that the state takes the assets.

As you can see, it’s in your and your loved one’s best interest to create a legally valid will in order to ensure that your wishes will be met and your assets will be distributed according to your plans. Have questions about how to create a valid will in Texas, or about estate planning in general? Reach out to ClearEstate for a free consultation to find out how we can help.