When an individual passes away without leaving a valid will, they are said to have died "intestate." In Texas, intestate succession laws determine how the deceased's assets will be distributed. Understanding these laws is crucial for residents of the Lone Star State who have not yet prepared a will.

1. Distribution of Assets:

In Texas, if you die without a will, your assets will be distributed according to the state's intestate succession laws. These laws prioritize your surviving spouse, children, and other close relatives in a specific order. For instance, if you are survived by a spouse and children from a previous marriage, your spouse will inherit all of your community property, but only one-third of your separate personal property. The remaining two-thirds of your separate personal property will be inherited by your children.

2. Spousal Inheritance:

The surviving spouse's inheritance rights depend on whether the deceased had children from another relationship. If there are no children from a previous marriage or relationship, the surviving spouse inherits the entire estate. However, if there are children from another relationship, the surviving spouse's share is limited to a portion of the estate, with the remainder passing to the children.

3. Children's Rights:

If the deceased had children but no surviving spouse, the children inherit the entire estate equally. If there are children from different relationships, they will share the estate equally, regardless of which parent they belong to.

4. Other Heirs:

If the deceased has no surviving spouse or children, the estate will pass to other relatives according to the intestate succession laws. This may include parents, siblings, or more distant relatives, depending on the circumstances.

5. Avoiding Intestate Succession:

Dying without a will in Texas can lead to complicated legal proceedings and potential disputes among family members. To ensure that your assets are distributed according to your wishes and to avoid the uncertainties of intestate succession, it is essential to create a valid will. Consulting with an experienced estate planning attorney can help you navigate the process and create a comprehensive estate plan tailored to your specific needs and circumstances.