A prevalent assumption in Texas is that a surviving spouse automatically inherits the entirety of their deceased partner’s property. This belief, however, is a common and potentially devastating myth. In the absence of a will, a situation known as dying “intestate,” Texas law dictates precisely how your assets are divided.
This default distribution, known as intestate succession, may not align with your personal wishes, particularly for blended families. Effective Texas estate planning ensures your intentions, not state statutes, govern your legacy.
Understanding community and separate property
Texas is a community property state. This means most assets you or your spouse acquire during your marriage belong to both of you equally. “Separate property” is different. It includes:
- Property you owned before your marriage
- Gifts or inheritances you received individually
- Personal injury settlements (partially separate)
The law treats these two types of property quite differently when dividing an estate. Many couples are surprised to learn what is not considered community property.
The high cost of intestacy
When you die intestate, the Texas Estates Code provides a strict formula for inheritance, and this often leads to unintended consequences.
For example, if you have children from a previous relationship, your surviving spouse keeps their one-half of the community property. Your children, however, inherit your one-half, and your spouse may also have to share your separate property with your children. This can force the sale of a family home or business to pay heirs.
The role of a will in Texas estate planning
A comprehensive will allows you to state clearly who receives your assets. You can ensure your spouse is the primary beneficiary. You can protect assets for children from your current marriage. You can also name guardians for minor children. A will is the most effective way to protect your family from confusion and conflict.
If you are a married Texan, relying on default state laws is a gamble you do not have to take. To ensure the distribution of your property follow your wishes, consider speaking with an experienced Texas estate planning attorney. They can help you understand your options and create a secure plan.