Who Administers An Estate in Texas If There Is No Will? When a person dies without leaving behind a valid will in Texas, this is referred to as “intestacy.”
This means that you do not have control over what happens to your estate after your death, and all your wishes for your property will be disregarded.
Despite the importance of a will, many people die without leaving one. Many see the writing of a will while they are alive as a waste of time, thinking there will be no issues among their family regarding the distribution of property left behind, forgetting that their loved ones may end up having disagreements over the estate.
Creating a will allows you to determine how you would like your estate handled when you pass away. A will is a crucial part of end-of-life planning.
What Happens When You Die Without a Will in Texas?
If a person dies in Texas without a will, their property passes to their heirs under the probate process according to Texas law. This is known as intestate succession.
A judge will apply Texas intestate succession laws to determine how to distribute your assets and who will act as your estate’s executor.
In terms of asset distribution, Texas laws usually look at the type of property and other factors to determine who gets the property. Most times, the law prioritizes immediate family members when distributing estate assets.
There are several considerations, including whether the person was married or single and if the estate property was community or separate property.
Community property includes anything that was obtained during marriage and paid for by marital earnings or income. Texas usually divides community property equally between any descendants and a surviving spouse.
Separate property is property that is owned before marriage or obtained during marriage by gift or inheritance and kept separate from a spouse. Separate property will likely be distributed to the closest relatives after your death.
Process of Probate in Texas Without a Will
The probate process can be lengthy, frustrating, and complex. A judge will appoint an administrator or executor for your estate. The responsibilities of the administrator include:
- Identifying and collecting your assets
- Settling any debts or claims against your estate
- Paying taxes and fees
- Petitioning the court to determine heirs
- Distributing assets to heirs
In Conclusion, writing a will allows you to have control over what happens to your property, money, and belongings after you die. A will gives you control over your legacy by determining who gets what.