Most people intend to create a will someday, but life often gets in the way. Unfortunately, waiting too long can leave your loved ones with added stress and uncertainty after you're gone.
When someone dies without a valid will in Texas, they are said to have died "intestate." In that situation, Texas law determines who inherits the person's probate assets, and the court oversees the estate administration process. While every family's situation is different, understanding what happens can help you see why planning ahead matters.
Without a valid will, you don't get to decide who receives your probate property. Instead, Texas intestate succession laws determine who inherits those assets.
Who inherits depends on several factors, including:
Not every asset goes through probate. For example, life insurance policies, retirement accounts with named beneficiaries, payable-on-death accounts, and some jointly owned property may pass directly to the named beneficiary or surviving owner. However, assets that are part of your probate estate will generally be distributed according to Texas law, not your personal wishes.
A will allows you to name an executor to handle your estate. Without one, the probate court must appoint an administrator to perform that role.
In many intestate estates, the court must also determine the legal heirs before an administrator can distribute probate assets. That additional step can require more court involvement and documentation than if a valid will had been in place.
A Tyler probate attorney can help families understand the probate process, gather the necessary documents, and navigate the legal requirements during an already difficult time.
When there are no written instructions, loved ones may have different expectations about how an estate should be handled.
Disagreements can arise over:
Even close families can face misunderstandings when a loved one's wishes were never documented. A properly prepared will provides guidance that can reduce uncertainty and help everyone move forward with greater clarity.
A will does more than distribute property. It also gives you the opportunity to make important personal decisions.
For parents of minor children, a will allows you to nominate the person you would like the court to appoint as guardian. Although the court makes the final appointment, your nomination carries significant weight when deciding who should care for your children.
For many East Texas families, an estate also includes a home, family land, mineral interests, or a closely held business. Without a will, transferring those assets may become more complicated because ownership must first be established under Texas law before the property can be distributed.
A will is often the foundation of a thoughtful estate plan. Depending on your family's needs, you may also benefit from other planning tools, such as trusts, financial powers of attorney, medical powers of attorney, or advance medical directives.
The right combination of documents depends on your personal goals, your family, and the assets you want to protect.
At Campbell Law Firm, PC, we understand that estate planning is about more than preparing legal documents. It is about helping you make informed decisions that protect the people you care about most.
With more than 35 years of experience, Bradley S. Campbell helps individuals and families throughout Tyler, Mineola, and East Texas prepare wills, trusts, and other estate planning documents tailored to their circumstances. If you're ready to create a plan or review an existing one, we're here to help you understand your options. Get your estate plan started to learn more.
References: Seattle Times (May 16, 2022) "Do you have a will? Without an estate plan, families can struggle to sort it out"
