When a loved one dies without a will in Houston, the state of Texas decides who inherits their home and assets. The law steps in with a fixed set of rules that may not match what your loved one actually wanted.
Essentially, the law won’t consider any verbal promises you might have made. This often leads to heartache, stress and fighting among family members who expected something different.
What intestate succession means for Houston families
“Intestate” simply means dying without a valid or enforceable will. When that happens, the state determines who inherits based on a specific legal hierarchy and your assets go through probate. Texas considers the following when dividing the estate:
- Your marital status
- How you acquired each asset
- Whether surviving children exist
With the number of Americans passing away without a will on the rise, more remaining loved ones end up surprised by how the law handles asset distribution.
How the law distributes different types of assets
Here’s what Texas law does with specific assets if you have no will and your spouse and kids outlive you:
- Separate real property: Your surviving partner gets one-third of the life estate, while the children receive the other two-thirds and eventually inherit the full property when the surviving spouse passes.
- Community property: Your spouse keeps their own half of all jointly acquired marital assets. Then, your half of the assets transfer directly to your children.
- Separate personal property: Examples of this include personal bank accounts and other liquid assets. Your surviving partner gets one-third of these funds outright. Any children you have will divide the remaining two-thirds equally between them.
Generally, intestate succession prioritizes the spouse and kids you left behind. However, if you don’t have any kids, things are different.
Your spouse stands to get half of some assets, such as real property, while the other half gets split between your parents and any siblings. But any personal property you leave behind all goes to your surviving partner.
An estate plan protects your assets and loved ones
Knowing how Texas divides property without a will shows you whether those default rules match your actual wishes. In most cases, they don’t, and that gap tells you exactly what your will needs to address.
A comprehensive estate plan covers all your bases and may even help you avoid lengthy probate proceedings, allowing the ones you love to receive what you left for them right away. Working with an estate planning attorney can help you identify every asset and build a complete plan that genuinely protects your family and your legacy.