Texas has careful laws in place that guide the distribution of property in the wake of an individual’s death. The goal is the orderly transfer of property from one generation to the next.
While the related laws are exacting, you can take steps to help ensure that your wishes are upheld, your loved ones’ inheritances are protected, and you minimize the time and expense needed to finalize your estate.
One of the most important steps you can take is consulting with an experienced Killeen estate planning attorney early in the process. The best time to address your estate planning needs is now. It is never too early for an adult to begin estate planning, but unfortunately, it can become too late very quickly. Speak with a trusted estate planning lawyer in Killeen to get started today.
Dying with a Will vs. Dying without a Will
If you die with a valid will in place, the inheritance process is called testate succession. If you die without a will, the process is called intestate succession. There are significant differences between the two.
If you die with a legally binding will, your stated wishes determine how your assets are distributed. Without a will, the laws of intestacy in Texas prevail, and your assets will pass to relatives based on a statutory hierarchy that may not reflect your preferences.
Intestate succession also gives the court more authority over the resolution of your estate. Having a valid will allows the court to follow your direction throughout the probate process. To make sure your wishes are honored, reach out to a Killeen estate planning attorney.
Your Legally Binding Will
For your will to be valid in Texas, you must meet the following requirements:
You must be at least 18 years old and of sound mind.
You must have testamentary intent.
The will must be in writing (typed, printed, or handwritten).
You must sign the will in the presence of two credible witnesses, who must also sign it in the presence of a notary.
Choosing disinterested witnesses is advised. A self-proving affidavit, which affirms the testator signed the will in the presence of witnesses, helps streamline the probate process by removing the need for witness testimony.
An estate planning attorney can ensure your will meets all legal standards and can stand up in probate court.
Community Property and Separate Property
If you are married when you pass away, any assets acquired by you or your spouse during the marriage are considered community property. Each spouse owns half of the property. You may only distribute your half of the community property.
The following types of property are commonly excluded from community property:
Gifts or inheritances received in one spouse's name
Compensation for pain and suffering in personal injury cases
Separate property includes assets you or your spouse owned before marriage and kept separate. If you die intestate, Texas law determines the distribution of your separate property.
Your spouse retains a homestead life estate in your shared home, even if the home was your separate property.
Discuss your estate classification with a knowledgeable Killeen estate attorney to avoid future conflicts.
If You Die with a Valid Will
If you have a valid will, the executor you name will likely be appointed by the court. The executor will take the following steps to resolve your estate:
File the will with probate court
Document assets and debts
Resolve debts and taxes
Distribute assets according to your instructions
Texas law allows broad discretion over property distribution, but community and separate property rules still apply.
If you're ready to create a will or update an existing one, contact a Killeen estate planning attorney today.
If You Die Without a Will
When someone dies intestate (without a will), Texas inheritance laws dictate community asset distribution:
If you are survived by a spouse and no children or only shared children, your spouse receives all community property.
If you have children from another relationship, your spouse gets half of the community property, and your children receive the other half.
Separate property is handled according to the following guidelines:
If you are survived by a spouse and children, your spouse gets one-third of separate personal property and a life estate in one-third of separate real property; children receive the rest.
If you are survived by a spouse and no children, the spouse gets all personal assets and half of separate real property; the rest goes to parents or siblings.
Avoid the risks of intestacy by working with a probate attorney to establish your estate plan.
Children’s Inheritance Rights
Biological and adopted children have strong inheritance rights. Children born outside of marriage inherit from the mother automatically, but paternity must be established to inherit from the father.
Paternity may be established using any of the following methods:
Acknowledgment of paternity (AOP)
Marriage and acknowledgment soon after birth
Court-ordered DNA testing
Stepchildren do not automatically inherit unless legally adopted, named in a will, or listed as beneficiaries of non-probate assets. Half-siblings inherit only from their biological parent.
Grandchildren inherit only if their parent (your child) is deceased, through a process called representation.
To ensure your loved ones are protected, ask an estate attorney how to clearly define beneficiaries in your estate plan.
Parents’ Inheritance Rights
If a child dies without a spouse or children, his or her estate is divided as follows:
If both parents are alive, both parents inherit equally.
If one parent is deceased, the surviving parent receives half the estate, and the remainder goes to siblings or the parent’s descendants.
If no close family remains, more distant relatives inherit according to the Texas Estates Code.
A carefully drafted estate plan can prevent confusion and avoid court intervention. Talk to a probate attorney to start planning.
The Matter of Your Spouse
If you die intestate, your spouse does not automatically inherit everything:
If all children are shared, your spouse receives all community property.
If you have children from another relationship, your half of the community property goes to them.
Your spouse also receives the following assets:
A life estate in your home
A portion of your separate property
If you have a valid will, you can choose to leave your entire estate to your spouse. Work with a Killeen estate planning lawyer to ensure your spouse receives what you intend.
Recent Enhancements to Inheritance Laws in Texas
Texas has recently enhanced its inheritance laws to streamline the process and keep up with technological advancements.
Texas Real Property Transfer on Death Act
Since 2015, Texans can use Transfer on Death Deeds (TODDs) to designate recipients of real property upon their death. In 2021, updates clarified requirements for revocation, addressed multiple beneficiaries, and clarified the creditor claims process.
Digital Assets Law
Since 2017, estate representatives can access digital assets such as social media, photos, and digital investments.
Guardianship Laws
Amendments in 2023 increased protections for people under guardianship and streamlined related processes.
Speak with a Killeen Estate Planning Attorney Today
Brett Pritchard at the Law Office of Brett H. Pritchard is an accomplished Killeen estate planning attorney dedicated to helping clients with inheritance planning and estate resolution. Call (254) 781-4222 or contact us online to schedule your free consultation today. Take the first step in protecting your legacy.