Intestacy laws in Texas govern the distribution of a person’s estate when they die without a valid will. Understanding these laws is crucial for anyone involved in estate planning or managing the estate of a deceased loved one. Here’s a comprehensive look at how intestacy laws work in Texas, outlining who inherits what, and the implications for those left behind as shared by a Houston, TX high net worth estate planning lawyer who has been practicing law since 2012.
Introduction To Intestacy Laws
Intestacy laws are designed to distribute the assets of someone who dies without a will (known as dying intestate) according to a predetermined formula set by the state legislature. These laws aim to reflect a presumed intent of the decedent, ensuring that close family members are provided for first.
Community Property Vs. Separate Property
In Texas, a community property state, it’s important to distinguish between community and separate property. Community property includes assets acquired during the marriage, while separate property includes assets acquired before the marriage or by gift or inheritance during the marriage. The distinction affects how property is distributed under intestacy laws.
Distribution Of Community Property
When a married person dies intestate in Texas, the surviving spouse’s share of community property depends on whether the decedent had children and if so, whether those children were from the current marriage or a previous relationship.
• No Children Or Only Children From The Marriage: The surviving spouse inherits all community property.
• Children From A Previous Relationship: The decedent’s half of the community property is divided equally among all of the decedent’s children, regardless of the children’s parentage.
Distribution Of Separate Property
Separate property is handled differently, and the distribution depends on whether the decedent was married and if they had children or other descendants.
• Married With Children: The surviving spouse receives one-third of the separate personal property and a life estate in one-third of the separate real property. The children inherit the remaining two-thirds of the separate personal property and the decedent’s share of the separate real property outright.
• Married With No Children: The surviving spouse inherits all separate personal property and one-half of the separate real property. The other half of the real property is inherited by the decedent’s parents or siblings.
• Single With Children: All separate property is divided equally among the decedent’s children.
• Single With No Children: The estate is distributed to the decedent’s parents, siblings, or extended family in a specific order set by the Texas Estates Code.
Order Of Inheritance
If the decedent leaves no surviving spouse or descendants, the estate is distributed to other family members in a particular order:
1. Parents: If both parents are alive, they inherit the estate equally. If only one parent is alive, that parent inherits half the estate, and the other half is distributed to the decedent’s siblings.
2. Siblings: If there are no surviving parents, the decedent’s siblings inherit the estate. If a sibling has predeceased the decedent but left children, those children inherit their parent’s share.
3. Extended Family: If there are no surviving parents or siblings, the estate is distributed to more distant relatives such as grandparents, aunts, uncles, and cousins, following the Texas Estates Code hierarchy.
Special Circumstances
Intestacy laws also address special circumstances, such as half-blood relatives and adopted children. Half-blood relatives inherit only half as much as whole-blood relatives, while adopted children are treated the same as biological children for inheritance purposes.
Avoiding Intestacy
Given the rigid formulas of intestacy laws, many individuals prefer to create a will to ensure their assets are distributed according to their personal wishes. A will allows for specific bequests, the appointment of an executor, and the naming of guardians for minor children, among other benefits.
Understanding intestacy laws in Texas is essential for anyone involved in estate planning or managing an estate without a will. While these laws aim to distribute assets fairly among close family members, they may not align with an individual’s personal wishes. Creating a comprehensive estate plan with the help of a qualified attorney can provide peace of mind and ensure that your assets are distributed according to your desires, rather than the default rules of intestacy. Contact Stuart Green Law, PLLC today to get started on your estate planning; with over a decade of experience in estate planning, we can help you avoid intestacy.