Most Texas parents assume that if something happens to them, the law will “figure it out” in a way that makes sense. The reality under Texas intestacy law is very different from what most families expect.
Texas Intestacy: The Default You Didn't Choose
When someone dies without a will in Texas, the state's intestacy statutes kick in. These are one-size-fits-all rules that divide your property according to a formula — not according to your wishes.
Here are six things Texas intestacy law says about your family that may surprise you:
1. Your spouse doesn't automatically get everything
Under Texas law, community property is split between your surviving spouse and your children. Your separate property (inheritance, pre-marriage assets) may be divided even further.
2. Your children inherit outright at 18
With no trust in place, your minor children receive their inheritance the moment they turn 18. No restrictions, no guidance, no protection from poor decisions.
3. A judge picks your kids' guardian
Without a designated guardian, a Texas court decides who raises your children. Family members can petition, but so can anyone else — and the judge makes the final call.
4. Your family goes through probate
Without a trust, your estate goes through the Texas probate process. This means court involvement, legal fees, delays, and a public record of your entire financial life.
5. Blended families get complicated fast
If you have children from a prior relationship, Texas intestacy creates a complex split between your current spouse and all biological/adopted children — often not what either family would want.
6. Your digital life disappears
Without a digital estate plan, your family may lose access to photos, accounts, documents, and memories stored in the cloud.
The Fix: Take Control of Your Family's Future
Every single one of these outcomes is preventable with a proper estate plan. A will lets you decide who gets what. A trust keeps your family out of probate. A Kids Protection Plan ensures your children are never in the care of strangers.
You didn't choose Texas intestacy law. But you can choose to override it — with a plan that actually reflects what your family needs.
Override the Default. Protect Your Family.
Your free planning session shows you exactly what Texas law would do to your family — and how to change it.
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