por Kristen Ishihara y Chris Parker de Ishihara & Parker Law Firm PLLC

So, you’re living in Texas, and you don’t have a will. Maybe you think you don’t need one, or you just haven’t gotten around to it. But what actually happens if you pass away without one? Well, the state of Texas has a plan for you—but it might not be what you expect.

Texas Intestate Laws: The State’s Plan for Your Stuff

When someone dies without a will, they are considered to have died “intestate.” That means the state takes over and follows a legal formula to distribute their assets. The way things get divided depends on whether you have a spouse, children, parents, or other relatives.

If You’re Married

If you’re married when you pass away without a will, things get a little tricky. Texas is a community property state, which means that property acquired during the marriage is typically shared between both spouses. However, if you have kids from outside the marriage (from a previous relationship), the property may not go directly to your spouse. Instead, those children might get a significant portion. This can lead to some surprises for the surviving spouse who might have assumed they’d inherit everything.

If You Have Kids but No Spouse

If you have children but no spouse, everything generally goes to them in equal shares. That sounds simple enough, but it also means that if your kids are minors, the court may have to appoint a guardian to manage their inheritance until they reach adulthood.

If You Have No Spouse or Kids

If you don’t have a spouse or children, things start moving up the family tree. Your parents would be next in line. If they aren’t around, then your siblings get a turn. If you don’t have any living siblings, then the state keeps looking for the next closest relatives—like nieces, nephews, grandparents, aunts, uncles, and cousins.

What About Debts?

Before anything gets distributed, your debts have to be settled. Creditors get their share first, so if you owe money on credit cards, medical bills, or loans, those will be paid before your family gets anything.

Why You Should Have a Will

Even though Texas has a system in place, relying on it might not be the best idea. Without a will:

• Your loved ones might end up in legal battles trying to claim what they believe is rightfully theirs.
• The court will decide who gets to manage your estate, and it may not be the person you would have chosen.
• If you have young kids, you don’t get a say in who will take care of them.
• If you’re in a long-term relationship but not legally married, your partner could end up with nothing.

Lo esencial

If you care about what happens to your assets and your loved ones, writing a will is a simple step that can save a lot of trouble down the road. It doesn’t have to be complicated, and in Texas, you can even write your own will (as long as it meets legal requirements).

At the end of the day, having a will isn’t just about what happens when you’re gone—it’s about making things easier for the people you leave behind. So, if you don’t have one yet, maybe it’s time to put it on your to-do list!

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