Intestacy

Many people in Texas and North Carolina assume that their property will automatically pass to their loved ones when they die. But if you die without a valid Will in Texas, the Texas intestacy laws control who will receive your property. North Carolina Intestacy statutes control what happens if you die without a valid Will in North Carolina.

The intestacy laws are rigid and inflexible. They are the legislature’s best guess as to how someone in various life circumstances would want property distributed. Because they don’t take into account your unique circumstances, they may result in your property being distributed in a way you would not have chosen.

How Texas Intestacy and North Carolina Intestacy Laws Distribute Your Assets

Many people in Texas and North Carolina assume that their property will automatically pass to their loved ones when they die. But if you die without a Will, you lose control over important decisions. Here’s what could happen:

If You Are Married

Many people mistakenly believe that their spouse will inherit all their property if they die without a Will, but that is not necessarily the case, especially if you are part of a blended family. In Texas, how property gets divided after you die depends on whether the law classifies your property as separate property or community property. In North Carolina, the statutes divide property between a surviving spouse and children in set shares. Both systems aim for fairness, but neither system knows your priorities.

For example, the Texas legislature assumes that if a married person dies without a Will and the surviving spouse is also the parent of all his children, he would want the surviving spouse to inherit all his share of community property. However, it also assumes that if the deceased spouse had children from another relationship, the deceased spouse would want his share of community property to pass to his children instead of his surviving spouse. This can result in estranged stepchildren owning a portion of a surviving spouse’s home, or a stock portfolio the surviving spouse was counting on for her retirement.

If You Have Children

Wills allow you to appoint a guardian for your minor children. Without a Will, parents lose the opportunity to name a guardian who shares their values and parenting style. Judges make that decision based on what they believe is in the “best interest” of the child. I’ve seen families torn apart because relatives disagree about who should raise the children. Having a Will avoids that uncertainty and gives your children stability when they need it most.

As for money management, intestacy doesn’t include any safeguards to protect a young person’s inheritance. The court may appoint a guardian of the estate, but that arrangement ends when the child turns eighteen. Many parents are uncomfortable with the idea of their children inheriting large sums at that age, but intestacy provides no flexibility. A Will, on the other hand, allows you to create a trust that can delay or stagger distributions until your children reach certain ages or milestones.

If You Are Single

An increasing number of people choose to cohabitate rather than marry and face some of the harshest results under intestacy. The law doesn’t recognize a romantic partner as an heir unless the couple is legally married. That means your partner could be left with nothing—not even the right to remain in a shared home—if your name is the only one on the title or lease.

Instead, their property will pass to extended family members, such as parents, siblings, or even the state when there are no surviving relatives, instead of their significant other. If you want your partner to inherit, you must make that intention clear in a Will or through beneficiary designations. Otherwise, your property will pass to your blood relatives under intestacy.

What Happens When No Relatives Are Found?

If someone dies without a Will and no heirs can be located, the estate eventually escheats to the state. That outcome is rare, but it does occur. Personal items, savings, even real estate, shift to government ownership because there was no plan and no family identified.

A basic Will prevents that result. If family ties are limited, you can direct property to close friends or to charities that reflect your values. You can choose a meaningful legacy rather than leaving the decision to a statute.

Avoiding Intestacy: Why You Need a Will in Texas & North Carolina

Creating a Will ensures that you control what happens to your property. Rather than relying on the state’s default rules, a Will allows you to:

• Choose who inherits your assets
• Name a guardian for your minor children
• Reduce family disputes by making your intentions clear
• Streamline the probate process, saving your loved ones time and money

Non-Probate Assets, and How They Fit into the Picture

Not everything you own is controlled by a Will. Life insurance, retirement accounts, payable on death or transfer on death accounts, and property held with rights of survivorship pass directly to the named beneficiary or co-owner. Those are called non-probate assets, and they move outside the Will.

Trouble starts when beneficiary designations are missing, outdated, or list the estate by accident. In that situation, the asset falls back into the probate estate and is then distributed under intestacy. I often meet with families who find an old retirement account still naming a former partner, or no beneficiary is listed at all. The result can be expensive and emotionally draining.

A complete plan reviews both probate and non-probate assets. It lines up your Will with your beneficiary designations so everything works together. That simple alignment prevents many of the hardest surprises.

Take Control of Your Estate Planning Today

Dying without a will can leave your family with legal and financial uncertainty. At Rania Combs Law, we help clients in Texas and North Carolina create customized wills, trusts, and estate plans to ensure their property passes smoothly to your loved ones as efficiently as possible.

Below, you’ll find a selection of useful articles on topics inheritance laws, probate, and wills in Texas and North Carolina.