Back to Blog
What Happens If You Die Without a Will in Texas?
by James Dickey◆Published on November 14, 2025◆2 min read
What Happens If You Die Without a Will in Texas?
When someone passes away without a will in Texas, the state decides how their property is divided through intestacy laws. This plan may look nothing like what you actually wanted.
How Texas Distributes Assets Without a Will
Texas intestacy laws distribute your property based on your family situation:
- Married with children (same marriage): Your spouse inherits all community property. Separate property is split between your spouse and children.
- Married with children (from different relationships): Your spouse keeps their half of community property. Your half goes to your children.
- Single with children: Assets pass equally to your children.
- Single without children: Assets go to your parents, siblings, or extended relatives.
The Risks of Not Having a Will
Without a will, you face several serious risks:
- Probate delays — The court must determine your heirs, which takes longer
- Increased legal costs — More court proceedings mean higher expenses
- Family conflicts — Relatives may dispute the distribution
- Unintended outcomes — Assets may go to people you would not have chosen
Take Control of Your Legacy
With a will, you decide who inherits what. A will ensures your wishes are legally binding and streamlines the probate process for your family.
Don't leave your legacy to chance. Contact Dickey Law Group to start planning today.