The creation of a will or other estate planning documents gives an individual control over their legacy. They can choose which family members inherit what assets from their estate. They can even name beneficiaries who do not have any familial or legal relationship to them, such as friends, neighbors and charitable organizations.
Despite the importance of a will for someone’s legacy and the protection of their loved ones, quite a few people do not draft wills. Younger adults, in particular, may find excuses to procrastinate regarding the creation of estate planning paperwork. Sometimes, they die without ever putting their wishes in writing.
What happens if someone dies without first drafting a will in Texas?
Only families inherit from intestate estates
When someone dies without a will or other testamentary documents, such as the paperwork necessary to create a trust, they have died intestate. That is the legal way of saying they did not provide specific instructions regarding the distribution of their property after their death.
Texas state law has rules in place for this exact scenario. After all, it is relatively common. Intestate succession laws focus on the protection of someone’s immediate family members after their death. Spouses, children and parents are often who inherit from an estate when someone dies without a will. When there are no immediate family members, it is sometimes possible for more distant relatives to receive the property from someone’s estate instead.
In rare scenarios in which the state cannot identify any surviving family members, the assets that belong to the deceased individual may eventually become the property of the state of Texas. Whether someone does not have immediate family or they have a poor relationship with their family members, they may have wishes for their assets that are far different than what state law requires.
Taking the time to create a thorough estate plan can help to ensure the protection of an individual’s family members and guarantee that they leave behind a meaningful legacy instead of simply enriching those who have the closest legal relationship to them. Those who understand what happens if they die without a will may feel motivated to complete the estate planning process, even if they find it somewhat unpleasant.