What Happens If You Die Without a Will in Texas? | Dickey Law Group

Texas Has a Plan for You (But You Might Not Like It)

Many people think that if they don’t have a Will, their family can “figure it out” on their own. Unfortunately, that’s not how Texas law works. If you pass away without a Will, the state decides how your property is divided, and its plan may look nothing like what you wanted.

At Dickey Law Group, we help families understand what really happens when someone dies without a Will in Texas and why creating one is one of the most important things you can do for your loved ones.

What Does “Dying Intestate” Mean?

When someone dies without a Will, it’s called dying intestate. Texas has intestacy laws that outline who inherits your property. While the laws are designed to be “fair,” they don’t account for blended families, unique relationships, or personal wishes.

Texas Intestacy Laws: Who Inherits What?

Here’s a simplified look at how property may be divided under Texas law if you die without a Will:

• Married with Children (from the same marriage): Your spouse inherits community property, but separate property may be split between your spouse and children.

• Married with Children (from a prior relationship): Your spouse may keep their half of the community property, but your share could go to your children from the previous relationship.

• Single with Children: Everything passes to your children in equal shares.

• Single with No Children: Assets pass to your parents, siblings, or extended relatives.

The point is simple: the law, not you decides.

The Risks of Dying Without a Will

Relying on intestacy laws can create serious challenges for families, including:

• Delays in probate: The court must identify heirs before anything can be distributed.

• Increased costs: More hearings and legal steps mean higher expenses.

• Family disputes: Without clear instructions, disagreements are common.

• Unintended outcomes: Assets could go to relatives you didn’t intend—or skip over loved ones entirely.

One major risk is a longer, more stressful probate process. Learn exactly how probate works in Texas here

Why Having a Will Changes Everything

A properly drafted Will ensures that:

• You decide who inherits what.

• Probate is simpler, faster, and less expensive.

• Your wishes are legally binding.

• Your family avoids unnecessary stress.

Without a Will, your family is left with the state’s one-size-fits-all plan. With a Will, you create a plan tailored to your family and your values.

For some families, a Trust may also be an option. See how Wills compare to Trusts here

Don’t Let the State Decide

If you’ve been putting off creating a Will, you’re not alone—but waiting comes with risks. At Dickey Law Group, we make estate planning straightforward so you can feel confident knowing your loved ones are protected.

Schedule a free consultation today and take control of your legacy before Texas law does it for you.