What happens if you die without a will in Texas?

What “intestate” means

Intestate means dying without a valid will (or without a will that covers the property in question). Texas does not leave that gap to a guess, a note on the fridge, or “what the family agrees.” Texas intestacy law sets default heirs for probate property.

The state does not automatically “take everything” as a first rule. Property can go to a spouse, children, parents, siblings, or more distant relatives under the statute. Escheat to the state is a last resort when no qualifying heirs exist — not the usual family story.

Texas Estates Code Chapter 201 · TexasLawHelp on probate without a will

Not every asset waits for a will

A will mainly speaks to property that is in the probate estate. Some things often pass another way if the paperwork is set up that way, such as:

• life insurance payable to a named beneficiary
• retirement accounts with a beneficiary
• payable-on-death or transfer-on-death designations
• property titled with a right of survivorship, where that applies

Those labels are examples, not a promise that your accounts are set up correctly. A will also does not replace the need to sign it correctly if you do make one. See Texas will requirements.

Simplified examples — not your heir chart

The next sentences are simplified illustrations, not complete legal rules and not a diagnosis of your family:

• Marriage, children, and whether property is community or separate can change who takes what.
• Children from a prior relationship can change how community property is divided compared with a family where all children are of both spouses.
• Unmarried partners and stepchildren often do not inherit under intestacy the way many people assume.

Do not pick an heir from this page. Read Chapter 201 or talk with a Texas attorney about the actual people and titles involved.

Why people still make a will

A valid will can give you more say over eligible probate property than the default statute. It is also where many people name an executor (the person to carry out the will) and, if they have minor children, a preferred guardian. Intestacy does not write those choices for you the way a will can.

Making a will is ordinary planning. It is not a prediction that something is about to go wrong.

If you want more control

If a simple official form may fit, how to make a will in Texas walks through the practical steps. If the family or property is complicated, see when a lawyer may be the better path. The estate planning checklist covers beneficiaries and documents that sit outside the will.

LoneStarWill is self-help software, not a law firm, does not provide legal advice, and is not a substitute for the advice of an attorney. This page is general information. Creating a PDF is not the same as signing a will correctly.

Source review completed August 2026.