Who Inherits My Assets If I Die Without a Will or Trust in Texas?

In Texas, if you pass away without a will or trust, your assets are distributed according to the Texas Estates Code. This process is known as intestate succession and determines how your estate will be divided among your surviving relatives. The specific distribution depends on whether you are survived by a spouse, children, parents, or other close relatives.

If you have a surviving spouse but no children, the entire estate typically goes to the spouse. However, if both a spouse and children survive you, the estate is divided between them. The Texas Estates Code specifies that community property (assets acquired during the marriage) is usually split equally between the surviving spouse and any children.

In cases where there is no surviving spouse or children, the estate may go to your parents or siblings. If none of these relatives are alive, more distant relatives like nieces and nephews might inherit your assets.

It’s important to note that intestate succession does not consider non-relatives or charitable organizations. They cannot inherit under these laws unless specified in a legal document like a will or trust. To ensure that your wishes are honored after your death and to avoid potential disputes among heirs, it’s advisable to create a comprehensive estate plan with legal guidance tailored to comply with Texas law.