In Texas, inheritance laws dictate how property is distributed after an individual dies. The distribution of property can be determined by a will or by state law if none exists. Understanding the state's inheritance laws is necessary to ensure that property is distributed as intended. Although these laws might be hard to understand, with the help of a qualified professional from the Law Office of Bryan Fagan, it’d be easier to understand and get through the process quicker and smoother.
Generally, inheritance laws depend on whether or not a person died with a will. If an individual dies with a valid will, the distribution of their property will be determined by the terms outlined in the will. The court will follow the deceased individual’s wishes as closely as possible, as long as they are legal and valid. However, if an individual dies without a will, their property will be distributed according to Texas intestacy laws.
Wills in Texas
A will is a legal document that outlines an individual's wishes to distribute their property and assets after they pass away. In Texas, wills are governed by state law and must adhere to specific requirements to be valid. Some of these requirements include:
The individual must be at least 18 years old and of sound mind.
The will must be in writing and signed by the individual or someone else in the individual's direction and presence.
The individual's signature must be witnessed by at least two witnesses at least 14 years old and not named in the will as beneficiaries or executors.
The will must clearly state the individual's intentions for distributing their property and assets.
A will may be challenged if it is not considered valid or if there is evidence of fraud, duress, or undue influence in the creation of the will.
Types of Wills in Texas
There are several types of wills that individuals can create in Texas, including:
Self-Proving Will: This is a will that includes a sworn statement from the witnesses, which is signed and notarized at the time the will is executed. This makes the will "self-proving" and can simplify the probate process.
Holographic Will: A holographic will is a will that is entirely handwritten and signed by the individual. This type of will is valid in Texas, but it is important to note that it may be subject to greater scrutiny than other types of wills.
Oral Will: An oral will, also known as a nuncupative will, is a verbal statement made by the individual in front of witnesses. However, oral wills are not valid in Texas unless made by a member of the military or someone in imminent danger of death.
Benefits of Wills in Texas
Although many people may not want to think about their mortality, the reality is that creating a will in Texas can provide peace of mind and offer several benefits.
Control Over the Distribution of Assets
One of the primary benefits of creating a will in Texas is the ability to control the distribution of assets. Without a will, an individual's property and assets will be distributed according to Texas intestacy laws. These laws provide a predetermined distribution scheme based on the individual's marital and familial relationships, which may not align with the individual's wishes. By creating a will, an individual can specify how their assets will be distributed after they pass away. This can help prevent disputes among family members and ensure that property is distributed according to the individual's wishes.
Appointing an Executor
Another benefit of creating a will in Texas is the ability to appoint an executor. An executor is responsible for managing the estate and carrying out the individual's wishes after they pass away. This can include paying debts and taxes, distributing assets, and handling any legal matters related to the estate. By appointing an executor, an individual can ensure their wishes are followed after passing away. Additionally, this can provide peace of mind for the individual, knowing that someone they trust will be responsible for managing their estate.
Protection of Minor Children
Creating a will in Texas is especially important for individuals with minor children. A will can include provisions for the care of minor children after the individual's death, including appointing a guardian and setting up a trust for the child's care. Without a will, the court will appoint a guardian for minor children based on their best interests. By creating a will, an individual can ensure that their wishes for the care of their children are followed, and they can choose a trusted individual to act as the child's guardian.
Privacy
Creating a will in Texas can also provide privacy. Unlike the probate process, which is a matter of public record, a will is a private document. This means that the individual's wishes and distribution of assets will not be made public.
What Happens to A Person’s Assets Without A Will?
If a person dies in Texas without a valid will, their assets will be distributed according to the state's intestacy laws. Intestacy laws in Texas dictate how property will be distributed if an individual passes away without a will. The Texas Estates Code defines the rules for intestate succession in Texas. The distribution of property depends on whether the deceased individual is survived by a spouse, children, parents, siblings, or other relatives.
In Texas, property is classified as either community property or separate property. Community property is any property acquired during the marriage, while separate property is any property that was owned by one spouse before the marriage or acquired during the marriage through gift or inheritance. If a person passes away and is survived by their spouse, the spouse will be entitled to all communal property and a portion of the separate personal property. The distribution of separate property to surviving family members can be complex, and it is crucial to seek the guidance of an attorney to ensure that property is distributed correctly.
Here is a table summarizing the intestacy laws in Texas:
Surviving Relatives | Distribution of Property |
Surviving spouse | - All community property. - One-third of separate personal property if the deceased had children. - All separate personal property if the deceased did not have children. |
Surviving spouse and children | - All community property. - Two-thirds of separate personal property to the children. - One-third of separate personal property to the spouse. |
Surviving children (no spouse) | All property is divided equally among the children. |
Surviving parents (no spouse or children) | All property is divided equally between the parents. |
Surviving siblings (no spouse, children, or parents) | All property is divided equally between the siblings. |
No surviving relatives | Property may escheat to the state. |
It is important to note that the distribution of separate properties can be more complex than what is in the table. It is recommended that individuals seek the guidance of an attorney to ensure that property is distributed correctly. Additionally, creating a valid will or trust can help ensure that your property is distributed according to your wishes rather than being subject to the intestacy laws of Texas.
Also, it is possible to challenge the distribution of property under Texas intestacy laws. For example, if proven that the deceased individual had an undocumented marriage or child, the distribution of property may be challenged. Additionally, if the individual had previously written a valid will or trust, but the document was lost or destroyed, the distribution of property under the intestacy laws may be challenged.
Other related articles:
- Inheritance Laws in Texas: What Happens Without a Will?
- What are the impacts if you die without a will in Texas?
- If child support arrearages are pulled out of a retirement account via a QDRO will I be taxed on that money?
- How to proceed when a family member dies without a will
- Why you would want to update your will and trust if you are moving to Texas from another state
- Probating an Estate Without a Will
- Who are the heirs to an estate when someone dies without a will?
- Are Inheritances Divided in Divorce?
- Adult Adoption in Texas: Why, When and How does it affect inheritance?
- How do you settle an estate without probate?
FAQs
In Texas, the order of heirs who may inherit property through intestacy (when a person dies without a valid will) is determined by state law. The order of heirs is as follows: a surviving spouse, surviving spouse and children, children or other descendants, parents, and siblings.
Heir property is property owned by multiple heirs after the original owner passes away without leaving a will. This property can be sold in Texas, but the process may be harder than selling property owned by a single person. To sell heir property in Texas, all the heirs must agree to the sale and sign off on any necessary documents. However, if one or more heirs refuse, the other heirs may be able to force a sale of the property through a court proceeding known as a partition action.
Texas has no state-level inheritance tax, so beneficiaries in Texas do not have to pay any state inheritance tax on their inheritance. However, it is crucial to note that federal estate tax implications may exist depending on the estate size.
The cost of creating a will in Texas can vary depending on several factors, such as the complexity of the individual's estate, the type of will, and the attorney's fees.
No, wills do not expire in Texas. Once a will is properly executed and signed, it remains valid until it is revoked or replaced by a new will. However, it is vital to review and update a will, especially after significant life events such as marriage, divorce, the birth of a child, or the acquisition or sale of property.
No, wills do not expire in Texas. Once a will is properly executed and signed, it remains valid until it is revoked or replaced by a new will. However, it is vital to review and update a will, especially after significant life events such as marriage, divorce, the birth of a child, or the acquisition or sale of property.
