{"id":376616,"date":"2016-03-31T21:37:00","date_gmt":"2016-04-01T02:37:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-estate-planning-laws.html"},"modified":"2026-05-26T10:37:57","modified_gmt":"2026-05-26T15:37:57","slug":"texas-estate-planning-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-estate-planning-laws.html","title":{"rendered":"Texas Estate Planning Laws"},"content":{"rendered":"\n
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\n \n Texas Estate Planning Laws\n <\/h1>\n \n Since we can’t take our belongings, real estate holdings, or other worldly interests with us when we die, estate planning is an essential way to ensure that everything is divided and dispersed according to your wishes.\n <\/p>\n <\/div>\n<\/div>\n\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

If you don\u2019t have an estate plan<\/span>, the Texas<\/span> Estates Code has a plan for you in the form of intestacy<\/span> laws. What does that mean?<\/p>\n

Your \u201cestate\u201d is all of the assets that you own at the time of your death, including personal property and \u201creal property<\/span>\u201d (real estate<\/span>). An estate plan<\/span> is the set of legal estate planning<\/span> documents<\/span> you prepare to provide your family members<\/span> and loved ones<\/span> with instructions about how you want your assets distributed at your death.<\/p>\n

Your estate plan<\/span> can also include instructions about how you want your financial matters and healthcare<\/span> decisions<\/span> handled if you become incapacitated. If you die \u201cintestate<\/span><\/a>\u201d (without an estate plan<\/span>), the probate<\/span> court<\/span> will distribute your assets according to the state intestate<\/span> succession<\/span> laws.<\/p>\n

This article explores what happens if you die without an estate plan<\/span>, the probate<\/span> process<\/span> in Texas<\/span>, and the legal documents<\/span> that make up a comprehensive estate plan<\/span>.<\/p>\n

What Happens if You Die Without an Estate Plan<\/span>?<\/h2>\n

If you die without an estate plan<\/span><\/a> in place, your assets will likely pass according to the Texas<\/span> intestacy<\/span> laws under the probate<\/span> court<\/span>\u2019s supervision. Incapacity planning, which includes durable <\/span>powers of attorney<\/span> and a living will<\/span>, is also an important part of a comprehensive estate plan<\/span>. Without the right legal documents<\/span> in place, the court will likely get involved in the important decisions<\/span> that must be made on your behalf during your incapacity.<\/p>\n

Texas<\/span> Intestacy<\/span> Laws<\/h3>\n

The Texas<\/span> intestacy<\/span> laws are the state\u2019s best guess at how you would want your assets distributed at your death. It is a one-size-fits-all plan. Generally, the order of priority is:<\/p>\n