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Intestacy

The law gives you the freedom to make a Will that distributes your property how and to whom you wish. But if you die without a Will in Texas, the Texas intestacy statutes control.

The intestacy statutes are the Texas legislature’s best guess about how you would want your property distributed when you die.   Factors such as whether you are single or married, have children or not, and if you are married, whether the property is characterized as separate property or community property dictate who will receive your property. This can result in your property being distributed in a way you do not intend.

How Property Distributed When Someone Dies Without A Will

The law gives you the freedom to decide how and to whom your assets are distributed when you die by making a will. But if you die without a will, your assets will be distributed according to a statutory formula that doesn’t take into account your wishes and unique circumstances. Articles in this section explain how property is divided when someone dies without a Will in Texas.

The Complexities of Intestacy in Blended Families

Having a Will is important for every adult, but especially so if you are part of a blended family. Without a will, your assets will be distributed according to a statutory formula, which may not reflect the way you would want your assets to be distributed. Articles in this section discuss the complexities of dying without a Will if you are part of a blended family.