The Hidden Costs of Dying Without a Will in Texas
- Stephanie Fernald
- May 20
- 3 min read
Think You Have Time to Make a Will? Think Again.
No one likes to think about death — but avoiding the conversation (and the planning) can leave your family in a legal and financial mess. In Texas, if you die without a will, your estate is handled under intestate succession laws, and the state — not you — decides who inherits what.
At BC Robertson Law, we help clients avoid the hidden costs, delays, and drama that often follow when someone passes without a valid estate plan.
What Does “Dying Intestate” Mean in Texas?
Dying “intestate” means you passed away without a valid will.
In that case:
The Texas Estates Code controls who gets your assets
A court-appointed administrator handles your estate
There’s no guarantee your wishes will be honored
Even if your family “knows what you would have wanted,” the court follows the law — not verbal promises.
The Hidden Financial Costs of Dying Without a Will
Here’s what families commonly face:
1. Expensive Probate Court Proceedings
Without a will:
The court appoints an administrator (instead of the executor you would have chosen)
There’s a longer waiting period to settle the estate
Family may have to post a bond, adding additional costs
Every action — from selling property to paying bills — may require court approval
⏳ Delays = More legal fees, filing fees, and lost time.
2. Confusing Inheritance Rules
In Texas, intestate laws divide property based on:
Whether you were married
Whether property was separate or community
Whether you had children (and with whom)
Example: If you die married with kids from a previous relationship, your spouse does not automatically inherit everything — your kids get a large share, even if they’re minors.
This surprises many spouses and can lead to family tension or legal disputes.
3. Unpaid Debts and Unprotected Assets
Without a plan:
Assets can be exposed to creditors
Property may need to be sold to pay off debts
There is no strategy in place to minimize estate taxes or preserve generational wealth
A simple will or trust could have shielded some of these risks.
4. Court-Appointed Guardians for Minor Children
If you die without a will in Texas, naming a guardian for your children:
The court decides who will raise them
Multiple family members may petition for guardianship
Children may be placed with someone you wouldn’t have chosen — or in temporary foster care
📢 A will lets you name the guardian who knows and loves your children best.
Emotional Costs: Conflict, Confusion, and Delays
Beyond the financial consequences, dying without a will often creates:
Arguments between family members over who should be in charge
Disputes over who inherits what (especially with blended families)
Stress from navigating a complex court system while grieving
Without clear instructions, your family is left to guess what you would have wanted — and that often leads to heartbreak.
What a Will Can Do (That Intestate Law Won’t)
A valid Texas will lets you:
✅ Decide who inherits your property
✅ Name a trusted executor to manage your estate
✅ Choose a guardian for your children
✅ Prevent family disputes and court battles
✅ Speed up the probate process and reduce costs
For many clients, we also recommend adding a revocable living trust and powers of attorney for added protection.
It's Not About Being Wealthy — It's About Being Prepared
Even if you don’t have a large estate, your family will benefit greatly from having a clear, legal plan in place.
And it’s never too early. The right time to create your estate plan is before your loved ones are forced to make decisions for you.
Get Started Today
At BC Robertson Law, we offer an affordable estate planning consultation that puts you in control. The $50 consultation fee is credited toward your full plan if you move forward.
📞 We’ll walk you through what documents you need
📋 Answer your questions about probate, guardianship, and inheritance
🛡️ And build a plan tailored to your life and family
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