April 21, 2025

Texas Intestate Succession: What Happens When Someone Dies Without a Will?

The loss of a loved one is emotionally challenging, and when someone passes away without a will, additional uncertainty about property distribution can arise. In Texas, dying without a will is legally termed “intestate succession.” In such cases, Texas laws determine how the deceased’s assets are divided among surviving family members. These laws can help ensure your rights are protected and consulting a knowledgeable probate attorney from Villeda Law Group can ensure the best possible outcome for your unique legal situation.

How Does Texas Intestate Succession Work?

Without a valid will, the distribution of an estate is guided by strict statutory formulas instead of personalized wishes. According to Texas Estates Code §§ 201.001-201.003, a surviving spouse may inherit all community property if all children are from that marriage. If a person has children from outside the marriage, shares of property may be split among different heirs. 

When there is no spouse or children, other relatives, such as parents or siblings, assume priority. In more unusual cases, an estate may pass to distant relatives or revert to the State if no qualifying heir is found. This structure underscores the importance of understanding state law and highlights the benefits of formal estate planning. Key aspects of the Texas intestate process

• Spouse’s Rights – Whether the spouse inherits all or only a portion of the property depends on whether any children are outside the marriage and whether the property in question is community or separate property.

• Children’s Shares – Descendants typically split what remains after the spouse’s portion, if applicable. The law tries to distribute assets fairly among all eligible children.

• Separate vs. Community Property – Community property is generally what spouses acquire during marriage (excluding gifts or inheritances). Separate property typically involves assets owned before marriage, plus certain gifts or inheritances. Separate property is handled differently from community property in intestate cases.

• Extended Relatives – If no spouse or children survive, the estate may move to parents, siblings, nieces, nephews, and so forth, following a designated order of succession.

When intestate laws guide distribution, heirs may not receive property in a way the deceased person might have wished. This can lead to confusion among relatives, particularly if there are complex family structures or significant assets to evaluate. 

By reaching out to skilled probate attorneys in McAllen, Texas, you can clarify your rights as a potential heir or guide a loved one toward a well-prepared estate plan. If you’re looking for attorneys in McAllen, TX who can assist with wills, trusts, and estate planning, it’s prudent to act sooner rather than later. Delaying might compound legal questions and lead to added expenses.

The Steps of Intestate Succession in Texas

Understanding the formal stages of intestate succession is essential for families dealing with the estate of a loved one who left no valid will. Below is an overview of what typically takes place under Texas law.

1. Identification of Heirs – A court typically appoints an administrator or personal representative to locate any surviving family members and assess the estate’s property and debts.
2. Valuation of Assets – The administrator compiles an inventory of the assets, including both community and separate property.
3. Payment of Debts – Valid creditors are compensated out of the estate before any inheritance is distributed.
4. Distribution – Remaining assets follow Texas rules, ensuring each designated heir obtains their legal portion.

Common Misconceptions about Intestate Succession

A common misunderstanding is that spouses automatically inherit everything when there’s no will. In Texas, inheritance rules depend on whether assets are considered community or separate property, significantly impacting how estates are settled. Another misconception is believing probate is avoidable simply because the deceased didn’t leave significant assets behind. However, probate in Texas applies broadly, and consulting probate lawyers in McAllen helps clarify such misunderstandings effectively.

Don’t Delay – Choose Villeda Law Group for Your Probate Needs

Choosing Villeda Law Group guarantees comprehensive legal support and informed strategies personalized for your situation. With more than four decades of dedicated service, the firm emphasizes clear communication, personalized attention, and results-driven strategies. If you find yourself dealing with intestate matters or are considering estate planning options, Villeda Law Group provides decisive solutions, personalized attention, and reliable counsel. Ensure your assets pass exactly as intended—contact us today at Villeda Law Group and confidently secure your family’s legacy.