Every adult in Texas needs a will. Without one, the state decides what happens to your assets and your children — not you. Here’s everything you need to know.
Most People Don’t Have a Will — and Most People Think They Don’t Need One
Studies consistently show that the majority of American adults do not have a will. The most common reasons people give are the same across demographics: “I’m too young,” “I don’t have enough to leave behind,” “I’ll get to it eventually,” or “my family will figure it out.”
None of these assumptions hold up. Age is not a prerequisite for needing a will — accidents and unexpected illness happen to people at every stage of life. A modest bank account, a car, a personal belongings, or simply the question of who gets to make decisions for your minor children are all reasons a will matters. “Eventually” often never comes. And leaving your family to “figure it out” without legal guidance is one of the most stressful and costly situations a grieving family can face.
This blog is for anyone who has been meaning to take this step — but hasn’t yet.
What Is a Will, Exactly?
A will — formally called a Last Will and Testament — is a legal document in which you state, in writing, what you want to happen to your property and your dependents after you die. At its core, a will lets you answer three essential questions on your own terms:
Who gets what you own. Who takes care of your minor children. And who is responsible for making sure your instructions are carried out.
The person who creates a will is called the testator. The person named to carry out the will’s instructions is called the executor. The people or organizations who receive what you leave behind are your beneficiaries.
A will only takes effect after death. It does not control what happens while you are alive — for that, you would need other documents like a power of attorney or a medical directive. But as part of a complete estate plan, a will is the foundation.
What Happens in Texas If You Die Without a Will
In Texas, dying without a will is called dying “intestate.” When that happens, the state of Texas — not you, not your family — decides who gets your property. The Texas Estates Code contains a set of default rules called the laws of intestate succession that determine how your assets are distributed based strictly on your legal family relationships.
The results of intestate succession often surprise people. For example:
If you are married with children, your spouse does not automatically receive everything. Under Texas law, your separate property may be divided between your spouse and your children — which can create complicated co-ownership situations that your family never wanted and may not be able to practically manage.
If you are unmarried and have no children, your assets go to your parents, then siblings, then more distant relatives — in a fixed order that has nothing to do with who you were actually close to or who you wanted to receive your property.
If you have a partner you are not married to, they receive nothing under intestate succession regardless of how long you have been together, how much you built together, or what your intentions were.
If you have minor children and both parents die without a will, a court decides who raises them — without any guidance from you about who you trusted, who shares your values, or who your children already have a relationship with.
In every one of these scenarios, the absence of a will does not simplify things — it complicates them. It creates court proceedings, family conflict, delays, and expenses that a simple, properly executed will could have entirely prevented.
Who Needs a Will in Texas?
The short answer is: any adult who owns anything, has dependents, or has opinions about what should happen after they die.
More specifically, a will is especially important if you:
Are a parent of minor children, because naming a guardian in your will is the only way to have your voice heard in who raises them if you are gone.
Own a home, a car, a business, savings, investments, retirement accounts, or any other assets you want to direct to specific people.
Have a spouse or partner, because Texas community property laws interact with estate law in ways that are not always intuitive, and the results without a will may not match what you and your spouse assumed.
Are part of a blended family — step-children, children from a previous relationship, or a second marriage — because the default intestate rules were not designed for the complexity of modern family structures.
Are an immigrant or have family members abroad, because questions of cross-border inheritance and property in multiple countries require careful planning that default state law does not address.
Have strong wishes about charitable giving, specific personal items, or keeping a family business intact.
If you are reading this and thinking “that sounds like me” — it probably does.
Texas-Specific Rules You Should Know
Texas has some unique features in its estate and probate law that make understanding your options especially important.
Texas is a community property state. This means that most property acquired during a marriage is considered jointly owned by both spouses, regardless of whose name is on the account or title. Understanding the difference between community property and separate property — and how each is treated at death — is essential to making sure your will accomplishes what you intend.
Texas allows holographic wills. A holographic will is one written entirely in the testator’s own handwriting and signed by them — no witnesses required. While this is technically valid under Texas law, handwritten wills are more frequently challenged in probate court, more easily misinterpreted, and more likely to leave important issues unaddressed. A will drafted with the help of an attorney is far more likely to hold up and accomplish your actual goals.
Texas probate can be relatively simple — if you have a will. Texas has an independent administration process that, when a will is in place and properly drafted, allows executors to settle an estate without constant court supervision. Without a will, or with a poorly drafted one, that simplicity disappears and court involvement increases significantly.
Texas also has specific rules around the elective share, spousal rights, and the treatment of digital assets — all areas where having a well-drafted will with proper guidance makes a real difference.
A Will Is Not Just for After You’re Gone
Many people don’t realize that estate planning — of which a will is the central document — also protects you while you are alive. A complete estate plan typically includes:
A Last Will and Testament, directing the distribution of your assets after death.
A Durable Power of Attorney, naming someone to manage your finances and legal affairs if you become incapacitated.
A Medical Power of Attorney, naming someone to make healthcare decisions on your behalf if you cannot.
A Directive to Physicians (also called a Living Will), stating your wishes about end-of-life medical treatment.
Taken together, these documents make sure that no matter what happens — expected or unexpected — the people you trust are empowered to act on your behalf, and your wishes are known and legally enforceable.
Powers Law Group Can Help You
At Powers Law Group, we understand that for many of our clients — especially those navigating life in the United States as immigrants or in mixed-status families — estate planning carries an added layer of complexity and urgency. Questions about what happens to property if a family member is deported, how to plan across borders, or how to protect children whose parents have uncertain immigration status are questions that require both immigration knowledge and estate planning expertise working together.
We help clients across Texas create wills, powers of attorney, and comprehensive estate plans that reflect their real lives, their families, and their goals. Whether you are planning for the first time or updating documents you created years ago, our team is here to make the process clear, accessible, and done right.
Do not leave the most important decisions of your life — and your family’s future — to default state law. Contact Powers Law Group today to schedule a consultation.
Sources
- Texas Estates Code, Chapter 201 — Descent and Distribution (Intestate Succession). https://statutes.capitol.texas.gov
- Texas State Law Library, Wills and Probate in Texas, 2025. https://www.sll.texas.gov
- State Bar of Texas, Your Will: Why You Need One and How to Get One, 2024. https://www.texasbar.com
- American Bar Association, Why You Need a Will, 2024. https://www.americanbar.org
- National Association of Estate Planners & Councils, What Is Estate Planning?, 2024. https://www.naepc.org
- Caring.com, 2025 Wills and Estate Planning Study — Most Americans Still Don’t Have a Will, 2025. https://www.caring.com
- Texas Young Lawyers Association, A Will for You, 2024. https://www.tyla.org
- Internal Revenue Service, Estate and Gift Taxes — Overview, 2025. https://www.irs.gov
- Nolo, Texas Intestate Succession — What Happens If You Die Without a Will, 2025. https://www.nolo.com
- American Immigration Council, Estate Planning Considerations for Immigrant Families, 2024. https://www.americanimmigrationcouncil.org
