Wills are testamentary instruments. They take effect after a person dies and provide insight into what should happen with their property. Wills can also designate a personal representative to administer an estate and a guardian to care for minor children.
While they are very useful, they also require intentional planning. Many people do not like to think about their own death, so they delay establishing an estate plan. Too many people never draft wills or other estate planning documents. They may die intestate due to their lack of advance planning.
Family members who cannot locate a will after an individual passes away (or if the will is determined to be invalid) often question what happens next. What guides the probate process when a person dies without a valid will?
Intestate succession laws address estates without wills
If it’s necessary to administer an estate without the guidance of a will. Texas intestate succession laws apply. The courts can appoint a personal representative instead of validating the person designated in a will.
The personal representative then secures and documents estate resources. The assets that belong to the estate are potentially subject to liquidation to fulfill the responsibilities of the deceased individual. The personal representative may need to use estate resources to pay for probate proceedings, cover the cost of end-of-life care and repay creditors.
What remains is then subject to intestate property distribution standards. The law prioritizes the protection of immediate family members who likely relied on the decedent for financial support. Spouses and children often inherit the entirety of a person’s estate when they die without a will.
The overall division of the property depends on whether the surviving spouse is also a parent to any surviving children. If the person who passed had a spouse but no children, then their spouse may inherit everything. The children may inherit the entirety of the estate if the parent who died was divorced or never married.
If the deceased party had neither a spouse nor children, then other family members may inherit their assets. Parents and siblings are among those with a right to inherit under intestate succession law. Identifying and communicating with likely beneficiaries is a key aspect of successful intestate estate administration.
Learning more about what to expect during probate proceedings can help grieving people and those expecting to serve as personal representatives. State law guides the probate process and scenarios where people die without wills.