Texas Inheritance Laws: Who Gets What When There’s No Will

Thinking about what will happen to your property and assets when you pass away isn’t always pleasant, but it’s an important part of being prepared. Having an estate plan in place ensures that your wishes are carried out and that your loved ones are taken care of.

However, if you pass away without a will in Texas, the state’s intestate succession laws will determine who inherits your estate. At The Titus Law Firm, we understand that inheritance laws can be difficult to understand.

That’s why we’ve put together this guide to help you understand the basics of Texas inheritance laws and what happens if you die without a will.

“Intestate Succession” in Texas: The Basics

If someone dies without a valid will in Texas, they are considered to have died “intestate.” When this happens, the Texas Estates Code dictates how the decedent’s assets will be distributed among their heirs through a process called intestate succession. The probate court oversees this process, ensuring that the estate is properly administered and that assets are distributed according to Texas law.

Community Property vs. Separate Property

In Texas, it’s essential to understand the difference between community property and separate property when it comes to inheritance. Community property generally includes all property acquired by either spouse during the marriage, except for property received by gift, inheritance, or personal injury recovery.

Separate property, on the other hand, includes property owned by a spouse before the marriage or acquired during the marriage by gift, inheritance, or personal injury recovery. The distinction between community and separate property plays a significant role in determining who inherits what when someone dies without a will.

General Inheritance Rules in Texas

Here is a chart summarizing who inherits under Texas intestate succession laws based on the decedent’s surviving relatives:

Note: This chart provides a general overview of Texas intestate succession laws. The actual distribution of assets may vary depending on the specific circumstances of each case.

It’s always best to consult with an experienced estate planning attorney to ensure your wishes are carried out, and your loved ones are protected.

Surviving Spouse’s Inheritance Rights

Under Texas intestate succession laws, a surviving spouse’s inheritance rights depend on whether the decedent had children and whether the property is considered community or separate.

Community Property

If the decedent had no surviving children or descendants, the surviving spouse automatically inherits 100% of the community property. However, if the decedent had surviving children or descendants, the surviving spouse inherits 50% of the community property, while the other 50% is divided among the decedent’s children or descendants.

Separate Property

The surviving spouse’s rights to the decedent’s separate real property (land and buildings) depend on whether the decedent had surviving children or descendants. If the decedent had no surviving children or descendants, the spouse inherits 100% of the separate real property.

If the decedent had surviving children or descendants, the spouse receives a 1/3 life estate in the separate real property, meaning they have the right to use or live in the property for the rest of their life.

As for the decedent’s separate personal property (vehicles, jewelry, etc.), the surviving spouse inherits 1/3 if the decedent had surviving children or descendants, and 100% if the decedent had no surviving children or descendants.

Children’s Inheritance Rights

Under Texas intestacy laws, biological and adopted children have the same inheritance rights. If the decedent had surviving children or descendants, they are entitled to the decedent’s 50% share of the community property (the portion that doesn’t go to the surviving spouse) and 2/3 of the decedent’s separate property.

Children born outside of marriage may inherit from their biological parents if there is clear and convincing evidence of parentage, such as an acknowledgment of paternity or a court order.

If the decedent had minor children, their inheritance will be held in a trust or managed by a court-appointed guardian until they reach the age of majority.

Other Relatives’ Inheritance Rights

If the decedent had no surviving spouse or descendants, Texas intestate succession laws dictate that the estate will pass to other relatives in the following order:

1. Parents of the decedent
2. Siblings of the decedent (or their descendants)
3. Grandparents of the decedent (or their descendants)
4. More distant relatives, such as great-grandparents, aunts, uncles, and cousins

Exceptions to Intestate Succession

Some assets pass outside of probate and are not governed by Texas intestate succession laws. These include:

• Retirement accounts with named beneficiaries
• Life insurance policies with named beneficiaries
• Property held in a living trust
• Payable-on-death bank accounts
• Real estate with a transfer-on-death deed

In addition, to inherit under Texas intestate succession laws, a person must outlive the decedent by at least 120 hours (5 days). This survivorship period is intended to prevent disputes in cases where two closely related individuals, such as a married couple, die in quick succession.

Probate Process for an Intestate Estate

When someone dies without a will in Texas, their estate must go through the probate process. This involves:

1. Filing a petition with the probate court and providing notice to potential heirs
2. Appointing an administrator to manage the estate
3. Inventorying and appraising the estate’s assets
4. Identifying heirs based on Texas intestate succession laws
5. Distributing the inheritance to the heirs
6. Closing the estate

The probate process can be time-consuming and complicated, especially for larger or more complex estates.

Taxes on Intestate Inheritance in Texas

Texas does not have a state inheritance tax, meaning that heirs do not have to pay taxes on the property they inherit. However, very large estates may be subject to the federal estate tax.

Why Estate Planning is So Important

While Texas intestate succession laws provide a framework for distributing your assets if you die without a will, relying on these laws has its downsides. Without an estate plan, you have no control over how your estate is divided, which can lead to family conflict and a more complicated probate process.

By creating a will, you can ensure that your wishes are carried out, name an executor you trust, and distribute your assets according to your preferences. A well-crafted estate plan can also help minimize potential estate taxes.

In addition to a will, other estate planning tools to consider include:

• Living trusts
• Advance directives (for medical decisions)
• Powers of attorney (for financial and legal matters)

Consult an Experienced Texas Estate Planning Attorney

At The Titus Law Firm, we understand that estate planning can be overwhelming, but we’re here to help. Our experienced attorneys can guide you through the process of creating a comprehensive estate plan that protects your assets and ensures your wishes are carried out.

Don’t wait until it’s too late – contact The Titus Law Firm today to schedule a consultation and take control of your legacy.