What Happens if You Die Without a Will in Texas?

Everyone knows that it is important to have a Will in place, yet about 50% of people in the U.S. still haven’t even taken this first basic step in estate planning. Understanding what will happen if you die without a Will in place in the state of Texas might just be the motivation you need to take care of this important task. The following are some of the most common things that your estate and your loved ones will have to deal with if you die without a Will.

Probate Court

If there is no Will in place, your estate will have to go through the probate courts. This is where a judge will decide who gets what in regards to your estate. This is a costly process, and can often dramatically reduce the inheritance that your loved ones will receive after attorney’s and court fees are subtracted from the total. While a Will alone doesn’t guarantee that you can avoid probate, it will offer some significant protections and can help get the judge to honor your wishes.

Probate courts in Texas will typically have to follow some standards in regards to how your estate is distributed. These standards are followed even if it is known that it doesn’t follow your wishes. Here are some of the most common examples of this:

  • If you die with no children, but with a spouse, the spouse will get 100% of your estate.
  • If you have children and a spouse, and all the children are yours with the spouse, the spouse will get 100% of the estate.
  • If you have children from someone other than your spouse, the spouse will get half the estate, and the children will share the remaining half.
  • If you die without a spouse or children, your mother and father will each get 50% of the estate.
  • If you die without a spouse or children, and only one of your parents is living, the one parent will get 50% of the estate, and the remaining 50% will be split between your surviving siblings.

While it is clear that Texas has some standards in place that will work out fine for many situations, this is likely not always going to be what you want to happen. Having a Will in place puts you in control of your estate, and can also help protect your loved ones.

We Can Help You Avoid Probate

Having a Will written up is a fairly simple process, and it is very affordable. Protect your legacy! Contact Amsberry Law Firm to discuss your situation, and create a solid Will today!

Written by Amsberry Law Firm

Amsberry Law Firm

Mr. Amsberry is board-certified in labor and employment law by the Texas Board of Legal Specialization. He is a proven litigator who has argued before the United States 5th Circuit Court of Appeals and earned favorable outcomes in complex, precedent-setting employment and civil rights cases. He served as a reservist assistant judge advocate general in the U.S. Army and is a sought-after lecturer and speaker on a range of legal issues.

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