Intestate Succession in Texas: What Happens When There’s No Will

Life is unpredictable, and none of us knows when we might pass away. Without a valid will, Texas law steps in and ensures your estate doesn’t go unclaimed, but it won’t necessarily distribute your assets according to your wishes. This process, known as intestate succession, follows a strict legal hierarchy set by the Texas Estates Code (§ 201), leaving little room for personal preference. Here’s how it works and why planning ahead always pays off. To get started crafting a will and a comprehensive estate plan to protect your legacy and your family’s future, contact the Leigh B. Meineke Law Firm to speak with a skilled and dedicated Houston estate planning attorney serving individuals and families throughout Harris County, Texas.

How Intestate Succession Works in Texas

Texas Estates Code Chapter 201 outlines a detailed, rigid and somewhat confusing order for distributing your assets when no will exists. If you’re unmarried and have children, your estate passes equally to your children and their descendants. If you have no children, but your parents survive you, your estate is divided equally between them. If only one parent survives, and you also have siblings, the estate is split: half to the surviving parent and half among your siblings and their descendants. If no parent survives, the share goes entirely to your siblings or their descendants. If no immediate family survives, inheritance is split between your paternal and maternal kindred (e.g., aunts, uncles, cousins), following a descending order of relationship.

When married, Texas distinguishes between separate property and community property, each handled differently under intestacy:

• Community property—assets acquired during marriage—passes entirely to the surviving spouse if there are no children or all the children are also the spouse’s children. Otherwise, half of the decedent spouse’s half goes to the children.

• Separate property—such as assets from before marriage or inherited or gifted items—has different rules: if there are children, the surviving spouse gets one-third of personal property and a life estate over one-third of real estate, with the remainder to the children.

This legal framework leaves little room for nuance: stepchildren, close friends, domestic partners, or others who had meaningful relationships with the deceased are excluded entirely.

Why Estate Planning Is Preferable to Intestacy

Intestate succession follows formulas, but life doesn’t. Without a will, the law might disinherit those you intended to benefit, especially in blended or non-traditional families. The state might also give inheritances to relatives you barely know or didn’t wish to inherit from you. Moreover, dying intestate leaves decision-making to courts, who appoint administrators based on legal criteria, not your preferences. The statutory process is also prone to creating disputes among beneficiaries, often resulting in added legal fees, delays, and emotional strain.

In contrast, a carefully designed estate plan empowers you to:

• Specify exactly who benefits and in what proportions.
• Ensure minor children have a designated guardian.
• Choose a trusted executor to manage your estate.
• Apply strategies like trusts to simplify or avoid probate entirely.
• Protect stepchildren, non-traditional beneficiaries, or charitable causes you value.

The Risks of Letting the State Decide

When intestacy takes over, even valuable non-probate property may be swept into the legal process, especially if beneficiary designations lapse or are outdated. Real estate can remain entangled in court, family members may dispute shares, and legal costs can erode the estate’s value, all while your loved ones wait for closure.

Taking Control: How Legal Planning Helps

Creating a will lets you reflect your wishes regarding heirs, asset distributions, and guardians for minor children, avoiding Texas’s default “one-size-fits-all” system. You might also consider creating a trust, which can bypass probate, offer privacy, manage taxes, and handle complex situations like providing for children from multiple relationships. Meanwhile, keeping beneficiary designations current on retirement accounts, life insurance, TOD deeds, and POD accounts ensures these assets can pass directly to beneficiaries and avoid intestate rules. Other strategic tools and instruments, like pour-over wills, advanced healthcare directives, and a durable power of attorney, add protection and clarity.

Contact Houston Attorney Leigh B. Meineke for Comprehensive Estate Planning in Harris County

In Texas, intestate succession is a legally rigid plan, not a thoughtful reflection of your wishes. Without a will or thoughtful planning, your estate is parceled out based on statutes, not what you intended. By investing in a comprehensive estate plan with a will, trust, and other legal instruments, you gain control, clarity, and protection for your family’s future.

If you want to ensure your estate reflects your values—not default legal rules—contact Leigh B. Meineke Law Firm for assistance. We help families like yours across Houston and Harris County build estate plans that guard your legacy, provide peace of mind, and ease the path for you and your loved ones.