What Happens If You Die Without a Will in Texas?

Thinking about what happens when we’re gone isn’t exactly fun, but failing to plan for it can leave a bigger mess than a toddler let loose with glitter. If you pass away without a will—legally called “dying intestate”—Texas law steps in to decide how your assets are distributed, who takes care of your kids, and how debts get paid. Spoiler alert: it may not align with your wishes.

Let’s break it down so you can understand what happens when there’s no plan in place—and why having a will is one of the most important steps you can take to protect your loved ones.

Who Gets What? Texas Intestate Succession Explained

In Texas, intestate succession laws determine how your property is distributed when you die without a will. The rules depend on your marital status, whether you have children, and whether your family situation is straightforward or more, well… blended. Here’s how it works:

• If You’re Married and Have Only Joint Children (with Your Spouse): Your entire community property goes to your surviving spouse. This is great news if your family situation is simple, but not so great if you assumed your property would go to your kids directly.

• If You’re Married with Children from Another Relationship: This is where things get tricky. Your spouse will retain their half of the community property, but your half will be split between your children from previous relationships. This can get messy fast if there’s tension between your spouse and your kids.

• If You’re Unmarried with Children: All of your assets will be divided equally among your children.

• If You’re Unmarried Without Children: Your estate will go to your parents, if they’re still living. If one parent has passed, the estate is split between your surviving parent and your siblings. If no parents or siblings survive, your assets are divided among more distant relatives.

And here’s the kicker: If no relatives can be found, your estate “escheats” to the state of Texas. (Translation: the state gets everything.)

What About Debts?

Unfortunately, your creditors don’t just shrug and walk away when you pass. Before any assets are distributed to your family, your debts—like credit cards, medical bills, and loans—must be paid out of your estate.

Here’s how it works:

• Debts Are Paid First: Your estate will cover outstanding debts using available assets before anything is handed down to heirs.

• Family Isn’t Usually Personally Responsible: Unless a loved one co-signed a loan or is a joint account holder, they won’t have to pay your debts.

• The Court Appoints Someone to Handle It: If there’s no will naming an executor, the probate court will appoint an administrator to settle your estate and distribute what’s left.

The takeaway? Without a plan, your family might see less of your assets than you’d hoped—especially if there are significant debts to settle.

What Happens to Your Kids Without a Will?

If you have minor children, the absence of a will creates a giant question mark about who will care for them. In Texas, the court decides who will be appointed as their legal guardian. While the court aims to act in the child’s best interests, their decision may not match what you would have wanted.

Without a will, you can’t:

• Choose who raises your kids if something happens to you.

• Name backup guardians in case your first choice isn’t available.

• Prevent family disagreements about guardianship (imagine your brother and your mother-in-law duking it out in court).

By naming a guardian in your will, you ensure your children are cared for by someone who shares your values and parenting style. It also spares your loved ones from a potentially ugly courtroom battle.

Why Creating a Will is Crucial in Texas

Texas intestacy laws are designed to create a “default plan” when someone dies without a will, but let’s be honest: a default plan isn’t good enough for most people. Without a will:

• Your family might face confusion, stress, and legal fees during an already difficult time.

• Your children’s future could be decided by a judge, not you.

• Your property could end up with relatives you never intended to inherit it—or even the state.

Creating a will gives you control. You can:

• Decide exactly who gets what (and who doesn’t).

• Name guardians for your children.

• Avoid unnecessary delays and costs for your family.

Take the First Step Today

If you’re reading this and realizing you don’t have a will, you’re not alone—but it’s time to change that. A will isn’t just for wealthy people or those nearing retirement; it’s for anyone who wants to make life easier for their loved ones and ensure their wishes are honored.

Need help getting started? Book a free consultation today, and let’s make sure your family is protected—without any courtroom drama.