What Happens If You Die Without a Will in Texas?

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While it’s not something anyone likes to think about, it’s important to plan for what happens after we pass away. 

One critical aspect of this planning is creating a will, which outlines your wishes for the distribution of your assets and property. 

But what happens if you die without a will? 

In Texas, the laws of intestacy determine how your property will be distributed if you die without a will. This can result in unintended consequences and may not reflect your true wishes. 

As a result, your property may not go to the people you would have chosen as your beneficiaries. Instead, the state will determine who gets what based on a predetermined hierarchy of relatives.

Your loved ones will incur more in fees, court costs, and time to settle the estate. This can cause unnecessary stress and conflict during an already difficult time for your family.

In this article, we will explain what happens if you die without a will in Texas, including who inherits your property, how it is distributed, and what steps you can take to ensure that your wishes are followed.

What Happens If You Die Without a Will in Texas?

If you die without a will in Texas, your assets will be distributed according to the state’s intestacy laws. These laws determine how your property will be divided among your surviving family members. 

It’s important to understand these laws so you can plan accordingly and ensure your assets are distributed as you wish.

Intestacy Laws in Texas

When someone dies without a will, they are said to have died “intestate.” 

In Texas, the laws of intestacy dictate how the deceased person’s assets will be distributed. These laws vary depending on the family situation of the deceased person. 

This is a complicated process with a large number of factors that have to be considered. As such, the court will have to determine your heirs according to the Texas Estates Code.

Determination of Heirship

When someone dies without a will, their estate must go through probate court. Additionally, the Court will appoint an Ad Litem to investigate the heirs of the estate, which results in additional costs. This process can be lengthy and expensive, and it’s best to avoid it if possible. 

During probate, the court will appoint an administrator to manage the deceased person’s estate. 

The executor will be responsible for paying off any debts and distributing the assets according to the intestacy laws.

Distribution of Assets

The distribution of assets in an intestate estate can be complex. 

If there are multiple heirs, the assets will be divided among them according to the intestacy laws. This can lead to disputes and legal battles, which can be costly and time-consuming. 

It’s important to have a will in place to avoid these issues and ensure your assets are distributed as you wish.

Guardianship for Children

If you have children and die without a will, the court will appoint a guardian to care for them. 

This can be a difficult and emotional decision, as the court will choose the guardian based on what they believe is in the best interests of the child. 

By creating a will, you can choose who will care for your children in the event of your death.

Why You Need a Will

Having a will is crucial to ensure that your assets are distributed according to your wishes after you pass away. 

Without a will, your estate will be divided according to Texas law, which may not align with your intended distribution. 

While there are many reasons that you need a will, these are the four major reasons.

Control Over Your Assets

By creating a will, you have control over who receives your assets after you pass away. 

You can specify which family members, friends, or organizations receive your property, money, and other assets. 

If you die without a will, the court will distribute your assets according to intestate succession laws, which may not reflect your wishes.

Designate Beneficiaries

With a will, you can designate specific beneficiaries to receive certain assets. 

For example, you can name a family member to receive your home or a friend to receive a sentimental item. 

By designating beneficiaries, you can ensure that your assets are distributed to the people who will appreciate them the most.

Avoid Family Disputes

When you die without a will, your family members may dispute over who receives your assets. 

Naturally, this can cause a great deal of unnecessary stress and tension during an already difficult time. 

By creating a will, you can avoid family disputes and ensure that your assets are distributed according to your wishes.

Cost Savings

Creating a will can also save your estate money in the long run. 

Without a will, your estate may be subject to probate, which can be a lengthy and expensive process. 

By creating a will, you can avoid probate and ensure that your assets are distributed efficiently and cost-effectively.

Overall, having a will is essential to ensure that your assets are distributed according to your wishes after you pass away. 

If you have not yet created a will, contact Dishongh Law to set up a consultation and start the process of creating your will today.

How to Create a Will

Creating a will is an essential step in ensuring that your assets and property are distributed according to your wishes after you pass away. 

At Dishongh Law, we make sure that the process of creating your will is relatively simple and straightforward. 

Although it may seem like a daunting task, we make sure to provide you with the knowledge, experience, and compassion necessary to ensure that your last wishes are honored.

In this section, we will guide you through the process of creating a will, including what information you need to include, how to choose an executor, and where to keep your will. 

Hire an Attorney

The first step in creating a will is to hire an experienced attorney who can guide you through the process. 

An attorney can help you understand the legal requirements for creating a will in Texas and can ensure that your will is valid and enforceable. 

They can also help you identify any potential issues or complications that may arise and provide you with solutions to address them.

Gather Information

Before meeting with your attorney, it’s important to gather all the necessary information about your assets, debts, and beneficiaries. 

This includes information about your bank accounts, investments, real estate, and any other property you own. 

You should also make a list of all your debts and liabilities, including mortgages, loans, and credit card balances. 

Finally, you should identify who you want to inherit your property and assets after you pass away.

Choose Your Beneficiaries

When creating your will, you will need to choose who you want to inherit your property and assets. This can include family members, friends, or even charitable organizations. 

You should also consider naming alternate beneficiaries in case your primary beneficiaries are unable to inherit your property.

Name an Executor

Your executor is the person who will be responsible for managing your estate after you pass away. 

This can include paying off any debts or liabilities, distributing your property to your beneficiaries, and handling any legal issues that may arise. 

You should choose someone you trust and who is capable of handling these responsibilities.

Sign and Store Your Will

Once your will is complete, you will need to sign it in front of witnesses to make it legally valid. 

You should also store your will in a safe and secure location, such as a safe deposit box.

It’s important to keep your will up-to-date and make changes as necessary if your circumstances change.

Final Thoughts

Now that you understand what happens if you die without a will in Texas, it’s important to take action to protect your assets and ensure that your wishes are carried out after your passing. 

By working with Dishongh Law, you can create a comprehensive estate plan that includes a will, power of attorney, and healthcare directives. 

From start to finish, our experienced attorneys will guide you through the process and help you create a plan that meets your unique needs and goals.

We make sure that creating a will is a simple process that can give you peace of mind, protect your legacy, and give your loved ones the gift of security. 

Don’t wait until it’s too late to create a will. Contact Dishongh Law today to schedule a consultation and get started!

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Malcolm Dishongh

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