If you die without a valid will, the laws of intestate succession determine how your estate is distributed. This process is often more costly, time-consuming, and unlikely to align with your wishes. The importance of having a valid will in place cannot be overstated. A Killeen estate planning attorney can help you draft a will that gives you peace of mind and protects your family.
What Is Intestate Succession?
Intestate succession refers to the legal process used when someone dies without a valid will. In Texas, the estate is distributed under state inheritance laws through the probate court.
The process begins with filing a petition with the probate court and notifying all potential heirs. From there, the following steps must be completed:
Identify the assets in the estate.
Determine the rightful heirs under Texas law.
Distribute the assets accordingly.
Order of Inheritance in Texas
Texas determines inheritance rights based on relationship to the deceased. The order of priority for inheritances is as follows:
Surviving spouse
Children or grandchildren
Parents
Siblings
Grandparents
If no close relatives are found, the court considers more distant ones.
Key Steps in the Probate Process
The intestate probate process will involve several steps to ensure that assets are distributed according to Texas’ succession laws. A Killeen estate planning lawyer can help your family navigate this process or help you establish a will to ensure your wishes are respected.
1. Filing Required Documents
When there is a will, it must be filed along with the death certificate. If there is no will, the court will accept other relevant documentation to begin the probate process.
2. Appointing an Executor
A valid will typically names an executor to oversee the estate. If no will exists, the court appoints an administrator—usually a close relative, but sometimes a neutral third party.
3. Inventorying the Estate
All assets must be identified, valued, and accounted for. This includes bank accounts, real estate, personal property, and business interests not addressed by other estate planning tools.
Some valuations are simple, while others require more time and forensic accounting. The probate court needs a full accounting before assets can be distributed.
4. Identifying Heirs
Heirs are determined according to Texas inheritance law. Here are some common scenarios:
Surviving Spouse with No Children
In an estate with a surviving spouse and no children, the entire estate goes to the spouse.
Surviving Spouse and Shared Children
In an estate with a surviving spouse and shared children, the spouse retains community property and receives a portion of the separate property. The children inherit the rest.
Children and No Surviving Spouse
In an estate with children but no surviving spouse, the entire estate goes to the children, divided equally.
Surviving Spouse and Children from Another Relationship
If a person dies and leaves behind a surviving spouse and children not shared with the surviving spouse, the spouse keeps his or her portion of the community property. The deceased person’s share is divided among the children.
Surviving Spouse and Parents
In an estate with both a surviving spouse and surviving parents, the spouse receives your share of community property and half your separate real estate. The rest goes to your parents.
Surviving Spouse and Siblings
In an estate with both a surviving spouse and surviving siblings, the spouse receives all personal property and half of separate real estate. The remainder goes to siblings.
5. Your Spouse’s Rights
Even if your family home is separate property, your surviving spouse retains homestead rights. This allows him or her to live in the home for life. After your spouse’s death, the property goes to your heirs.
Texas recognizes common-law marriage. If you lived as a married couple and presented yourselves as such, your partner may be entitled to inheritance rights.
6. Distributing the Assets
Once heirs are identified, the estate is distributed, and ownership is transferred. If heirs are difficult to find, this step can be delayed and complicated.
Why You Need a Valid Will
Without a will, the state determines how your estate is distributed. This results in the following kinds of complications and delays:
Longer probate
Higher legal costs
Potential family disputes
Outcomes that may not reflect your true wishes
A Will Reflects Your Intentions
Your will outlines how you want your assets distributed. It ensures that your financial legacy goes to the people you care about most, in the way you intended.
A Will Addresses Guardianship of Minor Children
If you have minor children, your will can name a guardian. This is one of the most important decisions you can make for your family’s future.
A Will Protects Children from Previous Relationships
A will ensures children from previous relationships receive their intended inheritance. Without it, they could be left out, especially if your spouse remarries.
A Will Reflects Your Unique Situation
Texas intestate laws follow a rigid structure that may not fit your specific life circumstances. A will allows for nuance and personal considerations.
A Will Streamlines Probate
Your will can name an executor and include a self-proving affidavit. This simplifies probate and eliminates the need for additional witness testimony.
A Will Helps Prevent Disputes
Losing a loved one is emotionally difficult. A clear will can reduce family conflict and give everyone confidence that your wishes are being honored.
Speak with a Killeen Estate Planning Lawyer Today
Don’t let state law decide your family’s future. A carefully prepared will ensures your wishes are followed and protects your loved ones.
Brett Pritchard at the Law Office of Brett H. Pritchard is a trusted Killeen estate planning lawyer who can help you create a will that provides peace of mind. Contact us online or call (254) 781-4222 to schedule your FREE consultation today.