Dying Without A Will In Texas - Do I Really Need A Will, And Who Inherits My Property If I Don't Have One?
When it comes to estate law, people automatically assume that if you die without a will the state takes possession of your property. That is usually not the case. The statutes vary by state, and Texas has its own set of statutes that will dictate how your property is divided after you die, if you do not have a will.
What is the Distribution of Assets in a Will?
A will stands as a directive for how you want your property divided. Without it; those of us left behind have to do things by the book. There are two things that dictate how the property will be distributed:
Since we are doing this by the book, here’s how Texas law defines property types (real and personal) and character (separate and community):
These definitions are pretty clear, but applying them to an individual situation is challenging.
What are the Property Division Options?
There are four different property division scenarios that legally apply if you die without a will (intestate).
The property lines are drawn like this:
Scenario #1:
Scenario #2:
Scenario #3:
Scenario #4:
As you can see, the division of property can be very complex, and we have just scratched the surface with the scenarios above. On very rare occasions, when a person who is not married dies without any heirs, his or her estate can pass and be distributed to the State of Texas.
Of course, the easiest way to ensure that your property is divided to your liking, is to draw up a will through Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas. Contact one of the lawyers in this reputable firm today.
What is the Distribution of Assets in a Will?
A will stands as a directive for how you want your property divided. Without it; those of us left behind have to do things by the book. There are two things that dictate how the property will be distributed:
- The type and character of property in question
- Your surviving relatives
Since we are doing this by the book, here’s how Texas law defines property types (real and personal) and character (separate and community):
- Real Property: Basically defined as land and things that are permanently attached to the land, and mineral interests.
- Personal Property: Basically defined as tangible, movable items, including household goods, personal effects, accounts, stocks and bonds.
- Separate Property: Basically defined as property from before marriage either by personal ownership or through an inheritance. This distinction also applies to any property that is given directly to you, or inherited by you during your marriage.
- Community Property: Basically defined as any property you acquired during the marriage, even if that property is titled solely in one spouse’s name.
These definitions are pretty clear, but applying them to an individual situation is challenging.
What are the Property Division Options?
There are four different property division scenarios that legally apply if you die without a will (intestate).
- You are married with children
- You are unmarried, but are survived by children
- You are married without children
- You are single and have no children
The property lines are drawn like this:
Scenario #1:
- Separate: your spouse will get one-third of your personal property, and a one-third life estate real property. Your children will get the rest, and the remainder of the on-third life estate when your spouse dies.
- Community:
- If your children are also children of your surviving spouse, then your surviving spouse will get all real and personal property, with your children taking nothing.
- If your children are not also children of your surviving spouse, that is, children from a prior marriage/relationship, your entire one-half community interest will pass to your children, and your spouse will retain only his/her one-half community interest.
Scenario #2:
- All property, whether separate or community is divided equally among the children. If one of your children dies before you and leaves children (your grandchildren), those children will receive their parent’s share.
Scenario #3:
- Separate: All personal property is given to the surviving spouse. For real property, it depends on whether you have surviving siblings and parents, and if so, your surviving spouse only gets one-half of the real property, and the other half would go to your surviving siblings and parents according to the percentages defined in the statute.
- Community: All property is given to the surviving spouse.
Scenario #4:
- Without a spouse or children to inherit your separate or community property, all of the property passes to a division between your parents, siblings and their descendants, with exact amounts depending on whether both parents are living, and whether a deceased sibling has children. If there are no living parents or siblings or descendants of siblings, the property passes to maternal and paternal kindred, equally. If one side of your family has completed passed away, the other side gets all of your property.
As you can see, the division of property can be very complex, and we have just scratched the surface with the scenarios above. On very rare occasions, when a person who is not married dies without any heirs, his or her estate can pass and be distributed to the State of Texas.
Of course, the easiest way to ensure that your property is divided to your liking, is to draw up a will through Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas. Contact one of the lawyers in this reputable firm today.