Warren & Migliaccio, L.L.P.

Dallas Family, Bankruptcy and Personal Injury Lawyers

Call For A Free Consultation (888) 550-6702
  • Our Team
    • Gary Warren
    • Christopher Migliaccio
    • Jonathan Frederick
    • Dan Varkey
    • Traci Diamond
    • Christopher R. Konneker
    • Sabah Hafiz
    • David Lane
    • Morgan Gill
    • Client Testimonials
  • Camp Lejuene Victim Support
    • How we can help
    • Top 5 Questions and Answers About the Camp Lejeune Lawsuits
    • Symptoms of Water Contamination
  • Bankruptcy
    • Debt Resolution
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Benefits of Bankruptcy
      • Stop Creditor Harrassment
      • Keep Your Property
      • Stop Foreclosure
      • Eliminate Credit Card Debt
      • Repair Your Credit Score
    • Bankruptcy Myths Debunked
    • Creditor Harassment
    • Tax Debt
    • Wage Garnishment
    • Bankruptcy Video Center
    • Why Meet with Chris?
    • FREE Bankruptcy E-Book
  • Debt Lawsuit Defense
    • Being Sued by Debt Collector? What you need to Know.
    • What to do when you are being sued by Credit Card Company
    • Is it possible to be Judgment Proof?
  • Family Law
    • Divorce Timeline and Roadmap
    • Child Custody
      • Types of Child Custody Orders in Texas
      • Child Support Modifications & Enforcements
      • Child Support: The Details You Should Know
    • Contested Divorce
    • Spousal Maintenance and Support
    • FREE Divorce E-Book
    • Military Divorce
  • Estate Planning
    • Last Wills and Testaments
    • 9 Reasons You Need a Revocable Living Trust in Texas
    • Making and Funding a Living Trust in Texas
    • Is It Time to Update Your Estate Plan?
    • Dying without a Will
    • Estate Planning Packet
  • Next Steps
    • Next Step
      • Make a Payment
      • Richardson Office
      • Dallas Office
    • FAQs
    • Articles
    • Blog
    • Get Tax Transcripts or Tax Returns
    • Get Your Free Credit Report
    • How to create a Skype Account for Virtual Video Meetings

What Happens if You Die Without a Will in Texas?

Post by Christopher Migliaccio

Creating a will allows you to stipulate how you would like your estate handled when you pass away. A will is a crucial part of end-of-life planning, but, despite its importance, many Americans die without a will. In fact, an estimated 60% of people in the U.S. do not have a valid will. 

Intestacy in Texas

Dying without a will, known as dying intestate, means that you do not get to have control over what happens to your estate after your death. If you die without a will, a judge will apply Texas intestate succession laws to determine how your assets get distributed and who will act as your estate’s executor. Because Texas laws prioritize immediate family members when distributing estate assets, your close friends or distant relatives are unlikely to receive anything. Your specific wishes for your estate will not be taken into consideration if you do not have a will. 

Many people think that distributing their assets and settling their debts will be an easy task for their loved ones to address on their behalf, but this is not always the case. Disputes are common during the probate process, even amongst the most tight-knit families. Grief does not make it easy to make rational decisions or handle difficult situations. Creating a will or estate plan makes it easier for your friends and family members after you pass and ensures you maintain control over the decision-making process.

Texas Probate Process

The probate process in Texas can be lengthy and complex. One of the first steps a probate court will take is to appoint an administrator or executor for your estate. This person will have a tremendous amount of responsibility, including:

– Identifying and collecting your assets;

– Settling any debts or claims against your estate;

– Paying taxes and fees;

– Petitioning the court to determine heirs; and

– Distributing assets to heirs.

A judge will appoint someone to fill this role if you die without a will. However, creating a will means you can choose your estate executor, and this important decision won’t be based solely on probate and succession laws that cannot consider your family dynamics.

In terms of asset distribution, Texas usually divides community property equally between any descendants and a surviving spouse. Community property generally includes anything that was acquired during your marriage and paid for by marital earnings or income. Separate property will likely be distributed to your closest relatives after your death. If you die without a will, Texas probate courts often use a family hierarchy model that starts with a surviving spouse at the top, followed by children, parents, and so on, to determine inheritance. 

There are exceptions to these rules, and probate is a notoriously challenging process and can be quite expensive, which is why the best way to handle inheritance and asset distribution is by at a minimum, creating a  will and possibly a Revocable Living Trust if your situation warrants it.  

If you have any questions or you are ready to draft your Will, contact Warren & Migliaccio. 

Categories: Uncategorized

Get Help Now!

Schedule a Free Consultation

If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form or call either our Richardson or Dallas location to schedule a free consultation. We’re happy to meet at your convenience. Contact our firm today for legal counsel from experienced attorneys.

Practice Areas

  • Bankruptcy Attorney and Chapter 7 & 13 Lawyer Dallas, TX
  • Chapter 7 Bankruptcy Attorney
  • Chapter 13 Bankruptcy Lawyer
  • Child Custody Attorneys
  • Child Support
  • Dallas Divorce Attorney
  • Family Law
  • Spousal Support
  • Personal Injury

Recent Posts

  • What Do I Do if Velocity Investments Is Suing Me in Texas?
  • What You Should Know if Facing a TD Bank Debt Collection Lawsuit in Texas
  • What to Expect if Being Sued by Citibank for Credit Card Debt in Texas
  • Estate Planning For “Just In Case” Scenarios
  • What to Do When Being Sued by American Express in Texas

Locations

Richardson/Plano Office
3600 Shire Blvd #205
Richardson, Texas 75082
(972) 684-5051

Dallas Office
10440 N Central Expy #800
Dallas Texas 75231
(214) 974-3965

Follow Us

facebook logo twitter logo youtube logo


More Resources
Blog
Articles
PaymentPortal

Pick a Topic and Empower Yourself

  • Bankruptcy
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Child Custody
  • Child Support
  • Personal Injury
  • Divorce
  • Divorce & Your Children
  • Family Law
  • Stop Foreclosure
  • Spousal Support
  • Auto Accidents
HomeDisclaimerPrivacy PolicyTerms of UseContact UsSite Map
© 2023 Warren & Migliaccio, L.L.P. All Rights Reserved