Families in Texas typically look for a will or other estate planning documents after someone dies. They may go through the deceased party’s documents and reach out to any attorney they worked with previously. Surviving family members typically want to ensure that they follow the wishes of the decedent when distributing their property and settling their affairs.
Sometimes, families are unable to find any testamentary documents. When there is no estate plan, Texas has intestate succession laws that determine the distribution of someone’s property among their immediate family members. Intestate succession laws prioritize the protection of spouses, children and other close family members. Those who create their own wills can leave assets for friends, romantic partners who they did not marry and even charitable causes. Particularly when someone expressed legacy wishes beyond supporting a spouse and/or children, the lack of a will might mean that probate administration may not align with their wishes.
How often do estates end up subject to intestate succession laws because the deceased party didn’t draft documents?
Intestate succession is quite common
Most people understand that estate planning is important for their protection and the protection of family members. However, many people still procrastinate about estate planning. They don’t want to think about dying, so they find excuses to delay drafting a will.
Some of those people die without ever creating documents. According to survey answers by adults across the United States, 67% or roughly two-thirds of all adults lack wills and other estate planning documents. Only approximately one out of three families in Texas have the benefit of a written will or estate plan.
The remaining households have to wait for the courts to apply intestate succession rules to the assets that belonged to the deceased individual. Intestate succession proceedings are similar to probate proceedings involving estate plans. The main difference is that state law, rather than documents produced by the deceased, guides the distribution of assets after the resolution of the decedent’s financial responsibilities.
Recognizing that many estates are subject to intestate succession laws can be beneficial for those preparing for Texas probate proceedings. Without an estate plan, the law controls the distribution of property after someone dies.