What Happens When You Die Without a Will in Texas? Why You Should Plan Ahead

Thinking about what will happen after we’re gone isn’t easy—but it’s one of the most important gifts we can give to the people we love. Without a plan in place, families can be left overwhelmed, confused, and even divided. In Texas, if you pass away without a will, the state has a plan for you—whether you like it or not.

Here’s what happens when you die without a will in Texas, and why it’s so important to take control of your legacy now—before the unexpected happens.

Dying Without a Will Means Dying "Intestate"—And It Can Be Complicated

If you die without a will, you are considered to have died "intestate." This means that Texas intestacy laws will decide who inherits your property. And while this system tries to be fair, it doesn’t always reflect what you would have wanted.

Here are some key things to know:

• Your spouse and children will generally inherit your probate assets.

• If you don’t have children, your parents, siblings, nieces, nephews, or more distant relatives may inherit instead.

• If you are married, community and separate property are treated differently under Texas law, which can make things complicated—especially in blended families.

• Probate will still likely be required to transfer your assets—even if you didn’t leave a will.

Bottom line: Without a clear plan, your family may face delays, costs, and even legal disputes while sorting out who gets what.

Probate Still Happens—Even Without a Will

One common misconception is that if you don't have a will, your family can avoid probate. Unfortunately, this isn’t true for most cases. In fact, when there’s no will, probate can become even more complicated—especially if there are large assets, unpaid debts, or if family members disagree.

Without a will:

• The court will appoint an administrator to manage your estate.

• The process may take months or years, depending on the complexity.

• Family members might fight over property, and those disputes can tear families apart.

Why let the state decide what happens to everything you worked for?

What About Non-Probate Assets?

Not all assets pass through probate. Some property, called non-probate assets, transfers automatically to a named beneficiary or surviving co-owner.

Examples include:

• Life insurance policies and retirement accounts (401(k), IRA) with designated beneficiaries.

• Joint bank accounts with right of survivorship.

• Payable-on-death (POD) and transfer-on-death (TOD) accounts.

• Lady Bird Deeds (also known as enhanced life estate deeds)—these allow your real estate to pass automatically to a chosen heir, without probate, while letting you live in the property for life.

• Living trusts, which can manage multiple assets outside of probate.

However, don’t count on non-probate assets alone to avoid problems. If your estate has debts that exceed your probate assets, creditors may go after non-probate assets to pay those debts.

Avoiding Family Disputes and Protecting Your Legacy

Losing a loved one is already hard. Imagine adding legal battles, confusion, and resentment on top of that. Unfortunately, when there’s no will, disputes are common, especially when family members don’t agree on how assets should be divided.

With a properly drafted will, you get to decide: 

• Who inherits your property. 

• Who will manage your estate. 

• How to provide for minor children or special needs family members.

With a Lady Bird Deed, you can: 

• Keep full control of your home during your lifetime. 

• Avoid probate for your real estate. 

• Pass your home smoothly to a loved one without court involvement

Peace of Mind for You and Your Family

Planning ahead isn’t just about property—it’s about peace of mind.

• You can avoid unnecessary stress and heartache for your family.

• You’ll know your wishes are honored.

• You’ll prevent fights and confusion that can damage family relationships for years.

  
  

How We Can Help: Simple, Affordable Will and Deed Services

At Breakup-Better, we’re dedicated to helping Texans plan for the future with affordable and simple estate planning services. Whether you need a basic will or want to avoid probate through a Lady Bird Deed, we can help.

Our services include:

• Simple Will Packages to make sure your wishes are clear.

• Lady Bird Deeds to help transfer your home without probate.

• Powers of Attorney and Medical Directives for peace of mind in any situation.

  
  

You don’t have to leave your family’s future up to chance—or the courts. Contact Breakup Better today and let us help you protect what matters most.