A last will and testament, or more commonly referred to as a “will,” is a legal document that provides a person with the opportunity to decide how their property and other assets will be distributed after their death. Under Texas law, if a person does not have a will, their belongings will be subject to Texas intestacy laws, which may be contrary to the person’s actual wishes. A legally binding will is an effective way to ensure that a person’s last wishes are appropriately effectuated. Fortunately, Houston probate courts typically work efficiently to ensure that wills are quickly validated and accomplished.
In some cases, a simple will is enough to distribute assets and belongings, but Texas allows wills to include trust directives and tax-planning assistance. Wills can also include the appointment of guardians to children and pets, asset distribution, and help people avoid real-estate complications. In cases where a person does not create a legally binding will, Texas law dictates that their assets and possessions pass through intestate succession laws.
Under Texas’ intestacy law, intestate succession depends on the deceased’s surviving family members. These are the most common scenarios: