What Happens If Someone Dies Without a Will in Texas?

When a loved one passes away, it’s never easy. But when they die without a will, it can leave families confused, uncertain, and unsure of what happens next.

In Texas, this situation is known as dying “intestate.” That simply means the person didn’t leave legal instructions (a will) about who should receive their property, who should be in charge of the estate, or how debts should be handled.

If you’re facing this situation, here’s what you need to know.

Texas Intestate Succession: Who Gets What?

When there’s no will, Texas law decides how the deceased person’s assets are distributed. This is called the “intestate succession process,” and it’s based on the person’s family relationships at the time of death.

🔹 If the person was married with no children:

• The spouse usually inherits everything.

🔹 If the person was married with children:

• The spouse keeps their share of community property, but

• The children inherit the deceased person’s share of community property

• Any separate (non-marital) property may be divided between the spouse and children, depending on the type of property

🔹 If unmarried but has children:

• Children inherit everything, divided equally

🔹 If unmarried with no children:

• The estate goes to parents, siblings, or other relatives in a set order

💡 Note: Intestate laws do not recognize friends, unmarried partners, or stepchildren who weren’t legally adopted.

What About the Probate Process?

Even without a will, the estate still goes through probate—a legal process that:

• Identifies the deceased’s property

• Pays debts and taxes

• Distributes what’s left to heirs

But without a named executor, the court will appoint someone (often a close relative) to handle everything. This person must file paperwork, notify heirs and creditors, and sometimes post a bond.

In many cases, the family must file an Application to Determine Heirship to legally identify who the heirs are.

Common Problems When There’s No Will

Dying without a will can cause:

• Delays in probate

• Family disagreements over property

• Legal costs for court proceedings and heirship determinations

• Unintended outcomes—like an estranged relative inheriting everything

How to Avoid This Situation

Creating a simple will or estate plan ensures that:

• Your wishes are clearly known

• Your family avoids confusion

• You choose who handles your estate

• You control who inherits what

At the Law Office of Kischa Hernandez, PLLC, we offer flat-fee estate planning services to help Texans put the right protections in place—without stress or complication.

Final Thoughts

If someone close to you passed away without a will in Texas, you’re not alone. The probate process can feel overwhelming, but there is a path forward—and legal guidance can make all the difference.

Contact our office today to get help navigating probate or to start your own estate plan with clarity and peace of mind.