What Happens if I Die Without a Will?

 Posted on March 06, 2025 in Estate Planning and Probate

Making an estate plan can be uncomfortable. Deciding who should inherit your money and property when you are gone forces you to consider the fact that you will not be here forever. Other people avoid making an estate plan because they do not think it is worth it with a small estate, because they expect their closest loved ones to inherit automatically, or because they simply never get around to it.

Unfortunately, not making an estate plan can make administering your estate very complicated for your closest family members. Passing away without an estate plan is called dying intestate. The laws of intestacy decide which of your relatives will inherit what share of your estate. These may or may not be the people you would want to inherit from you. An experienced San Antonio, TX estate planning lawyer can help you create the documents you need to take control of your estate and make the administration process easy for your loved ones.

Understanding Intestacy in Texas

Probate with a will is complicated enough. Attorneys often recommend using a trust to avoid probate entirely. Intestate probate can be even more complicated. Without a will to guide the process, the probate court will need to decide how the laws of intestacy, which govern the distribution of estate property when there is no will, apply in your case. Depending on your family situation, it can take time to identify and notify your natural heirs. Sometimes, there is a dispute about who counts as one of a decedent’s children, leading to family conflict.

Probate court orders are also often far less specific than a will might be. The probate court might determine that each of your three adult children is entitled to a third of your estate, but not which one of them gets to keep the family photo albums. You can be much more specific about individual items in an estate plan.

The laws of intestacy are meant to approximate what the decedent most likely would have done with his estate property had he made a will. However, they are not perfect. Intestacy laws assume that you would want to leave everything to your children, if you have any, and your spouse if you are married. If you have neither, your parents, followed by your siblings, are next in line. For many people, this closely aligns with how they would divide their estate property. If there is anything you would do differently - for example, if you want to leave some money to charity or some valuable goods to a close friend - you will need an estate plan to accomplish this.

Contact a San Antonio, TX Estate Planning Lawyer 

Geoff Mayfield, Attorney at Law is dedicated to helping people create strong estate plans that can be administered smoothly. Experienced San Antonio, TX estate planning attorney Geoff Mayfield will strive to ensure that your wishes are carried out. Contact us at 210-535-0870 for a complimentary consultation.