It is a common misconception that if you are single and do not possess huge assets, you do not really need a will. Many believe their property will automatically and easily pass to their parents, siblings or loved ones. However, if you pass away without a will in Texas, you die intestate. That means you forfeit your right to decide who inherits your assets.
Texas intestacy line of succession
Under the Texas Estate Code, the state steps in to decide who inherits your estate after your death if there is no will. Texas law strictly follows your biological family tree, which requires the heirs to survive you by at least 120 hours to inherit. Because there is no surviving spouse, the court would look for the closest living relative in a specific order, such as:
- Children: If you have children, they will inherit 100% of your estate
- Parents: If you have no children, your mother and father split the estate equally
- Parents and siblings: If one parent survives you, the parent gets 50% of your assets and the remaining 50% is divided equally among the siblings
- Siblings: If the parents have already passed, then the siblings split your estate equally
If no immediate family is found, the state could extend the search to uncles, aunts and cousins. In rare cases, when no living blood relative exists, the hard earned assets could transfer entirely to the state of Texas.
Protect your legacy
Dying intestate leaves a heavy financial burden on the family that’s left behind. Taking the time to create a will now could ensure that your assets go exactly where you want them. With the guidance of an experienced legal professional in Texas, you could save your loved ones from a complicated probate process.