The short version
- Without a will, the Texas Estates Code decides who inherits — based on marriage and family structure, not relationship quality.
- A partner of decades you never married receives nothing; an estranged spouse or child still takes their share.
- A will lets you leave assets to virtually any person or organization, and name an executor you trust.
- A complete estate plan at Dalworth Legal is a flat $1,750 (single) or $3,000 (couple).
Dying without a will is called dying intestate, and Texas law handles it with a flowchart: who inherits depends on whether you were married, whether you had children, and which relatives survive you.
The lawTexas Estates Code §§ 201.001–201.003 — how the property of a person who dies without a will passes to their heirs.The part people don’t expect
The law doesn’t take the quality of your relationships into consideration. Two examples we see over and over:
- A romantic partner you’ve been with for an extremely long time — but never married — is not your spouse in the law’s eyes. When you pass, they’re on their own.
- An estranged spouse or child is entitled to take their share of your estate no matter how poorly they treated you, or how much you wanted that share to go to someone else.
What a will changes
Write a will and you can leave any or all of your assets to virtually any people or organizations you see fit, regardless of how — or whether — they’re related to you. You also name the executor: the person you trust to actually distribute everything. That saves your family a ton of time and money in court, and spares them the heartache of fighting over the possessions that matter most.
And the probate reality
Even with a will, probate — the court process that transfers your assets — often costs several thousand dollars over several months, and your will becomes part of the public record. For estates under $75,000 (excluding the home), a small estate affidavit can shortcut the process. To bypass probate entirely and keep your wishes private, a living trust is the most effective tool.
A complete plan — will, directives, powers of attorney, HIPAA authorization, guardian declaration, and a Lady Bird Deed — is a flat $1,750 for one person, $3,000 for two, no proof of marriage required. Start the conversation here.
This article is for general information only. It does not guarantee a particular result in any given case and is not intended to create an attorney-client relationship. Dalworth Legal always advises talking to an attorney about your unique situation before moving forward in a lawsuit.
Questions about your situation?
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