What Happens When You Die With No Estate Plan?

 Posted on January 08, 2026 in Estate Planning and Administration

As of 2026, Texas continues to rely on intestacy laws when someone passes away without an estate plan. Texas law determines who inherits property, who manages the estate, and how certain family issues are handled. These outcomes often do not reflect what the decedent would have wanted.

According to the Federal Reserve’s 2025 Survey of Household Economics and Decisionmaking, most U.S. adults still do not have a will or formal estate plan in place. When no plan exists, families are left to navigate state default rules during an already difficult time.

Speaking with the Tarrant County, TX estate planning lawyers at Cain & Kiel Law before problems arise can help ensure your wishes are followed and your family is protected.

What Does It Mean To Die Without an Estate Plan in Texas?

Dying without an estate plan is legally known as dying "intestate." This means there is no valid will or trust directing how property should be distributed.

When this happens, the probate court must apply Texas law to decide who receives assets and who has authority over the estate. The court does not consider verbal promises, personal relationships, or informal plans. Everything is handled according to statute.

Who Inherits Property if There Is No Will in Texas?

Texas intestacy laws determine inheritance based on family relationships. These rules can be complicated, especially for blended families or people with children from prior relationships.

Under Texas Estates Code § 201.001, inheritance depends on whether the person was married, had children, or had surviving parents or siblings. A surviving spouse does not always inherit everything, and stepchildren typically do not inherit at all unless they are legally adopted.

Common outcomes include:

• Property is divided between a surviving spouse and children.

• Children from prior relationships inherit part of the estate.

• Parents or siblings inherit when there is no spouse or child.

• More distant relatives inherit if closer family members are not living.

These outcomes often surprise families and can lead to disputes.

Who Manages the Estate When There Is No Estate Plan?

If there is no will naming an executor, the court must appoint an administrator to manage the estate. Under Texas Estates Code § 301.001, an eligible person may apply to serve as administrator if they are legally qualified and have priority under the law. This usually includes a surviving spouse, adult children, or other close family members. The person must be capable of managing the estate, have no disqualifying criminal history, and be approved by the court as suitable to handle estate responsibilities.

An administrator is responsible for:

• Locating and protecting estate assets

• Paying debts, taxes, and expenses

• Distributing property under Texas law

• Filing reports and seeking court approval when required

Court supervision often makes the process slower and more expensive than estates with a clear plan.

How Are Minor Children Affected When There Is No Estate Plan in Texas?

One of the most serious consequences of dying without an estate plan impacts minor children. Without written instructions, parents lose the ability to name guardians.

If both parents pass away without a plan, the court decides who will raise the children. Judges aim to act in the child’s best interest, but the result may not match the parents’ wishes. Family conflict can also make the process more stressful and public.

What Happens to Assets That Do Not Go Through Probate?

Not all property passes through probate, even when there is no estate plan. Some assets transfer automatically. These assets may include:

• Life insurance policies with named beneficiaries

• Retirement accounts with beneficiary designations

• Jointly owned property with survivorship rights

• Payable-on-death bank or investment accounts

Problems can still arise if beneficiary forms are outdated or missing, which is common when estate planning is ignored.

Contact Our Hill County, TX Estate Planning Attorneys Today

If you want to avoid leaving important decisions to Texas law, Cain & Kiel Law can help you create a plan that reflects your goals. Our firm uses a true team-based approach, making sure every client receives focused attention, clear explanations, and practical guidance throughout the process.

Attorney Scott Cain brings a valuable perspective as a certified mediator, longtime business owner, and public servant who has served as Cleburne’s mayor since 2012. His experience resolving disputes and working with families and communities helps clients plan confidently.

Call 817-645-1717 to schedule a consultation with our Tarrant County, TX estate planning lawyers and take the first step toward protecting your legacy.