When people make the effort to create personalized estate plans, they can choose their own beneficiaries. People can name friends and long-time romantic partners as beneficiaries. They can even leave assets for charitable causes.
People who plan in advance generally have control over what happens to their property after they die. They have ultimate control over the legacy they leave. Those who die without a will or other estate planning documents on record do not have as much control. Instead, state statutes determine who has the right to inherit from an estate without a plan. Under current Texas statutes, only certain individuals have the right to inherit as heirs.
Who does the law protect when a person dies without a will?
The law prioritizes close family
Intestate succession statutes clearly outline what should happen with the property belonging to an individual after their death. In the absence of an estate plan, the law protects dependent family members. Spouses and children have the strongest legal rights as heirs when an individual dies.
If a person dies with a spouse but no children, then their spouse might potentially inherit all of their resources. The same is true when people pass with children but no spouse. In scenarios where the decedent has neither a spouse nor surviving children, then other family members may have the right to inherit.
Parents, siblings, grandchildren and even distant relatives can inherit as heirs when people die without estate plans. Generally speaking, only those with legal or biological connections to the decedent have rights as heirs.
Unmarried romantic partners and lifelong friends have no protection under intestate succession statutes. Stepchildren whom the decedent failed to adopt typically also lack the right to inherit, even if they lived with the decedent for years. They can only inherit if the decedent has the foresight to draft an estate plan. Otherwise, unless they co-own assets with the deceased person, anything they may receive from the estate depends on the goodwill of the legal heirs with a statutory right of inheritance.
Those who understand the laws that govern probate proceedings can more effectively administer estates. Identifying errors and communicating with those affected are both key probate responsibilities.