Do You Need a Will in Texas? What Happens Without One

Many Texans put off creating a will, thinking it's something they'll get to later. But if you pass away without a will in Texas — known as dying "intestate" — the state decides how your assets are distributed, and the results may not match your wishes.

What Happens If You Die Without a Will in Texas?

Texas intestacy laws determine who inherits your property. The distribution depends on your family situation:

• Married with no children: Your spouse inherits everything.
• Married with children (all from same marriage): Your spouse keeps community property and gets 1/3 of your separate personal property. Children split the rest.
• Married with children from a prior relationship: Your spouse keeps their half of community property, but your half goes to your children — not your spouse.
• Single with children: Your children inherit everything equally.
• Single with no children: Your parents, siblings, or more distant relatives inherit based on a specific order set by law.

Why a Will Matters

A will gives you control over:

• Who gets your assets — You decide, not the state.
• Who cares for your children — You can name a guardian for minor children.
• Who handles your estate — You choose an executor you trust.
• Reducing family conflict — Clear instructions prevent disputes.

What Makes a Will Valid in Texas?

A valid Texas will must meet these requirements:

• You must be at least 18 years old (or married, or in the armed forces)
• You must be of "sound mind"
• The will must be in writing
• It must be signed by you (or at your direction)
• Two credible witnesses must sign it

Will vs. Living Trust

A will goes through probate — a court process that can take months. A living trust avoids probate entirely, allowing your assets to transfer directly to beneficiaries. Many people use both: a trust for major assets and a will as a safety net for everything else.