Texas Inheritance Laws

With its vast landscapes and diverse population, Texas boasts a different legal framework governing inheritance matters, including a notable probate case that captivated the nation. The case involving oil tycoon J. Howard Marshall’s $1.6 billion estate first reached a Texas probate court in 1995 and remained unresolved for 22 years.

Understanding the intricacies of Texas inheritance laws becomes even more crucial when we examine this exceptional case. From the state’s unique community property laws to provisions safeguarding spousal and children’s rights, comprehending the nuances of these laws is paramount for individuals and families engaged in estate planning or grappling with the complexities of probate. 

In this article, we delve into the critical aspect of Texas inheritance laws, shedding light on the rights of beneficiaries and the timeframes for contesting wills. 

Does Texas Have an Inheritance or Estate Tax?

No, Texas does not have an inheritance tax or an estate tax. This means that, in the case of inheritance, a tax will not be imposed on the person who inherits property or assets from a deceased individual. Similarly, a tax would not be levied on an estate before it is distributed to beneficiaries. 

Dying With a Will in Texas

When someone dies with a will in Texas, the following steps generally occur:

1. Validating the Will

The will is presented to the appropriate Texas court for validation, usually the probate court. The court examines the will and its authenticity and also determines its validity.

2. Appointment of an Executor

The executor is responsible for administering the estate according to the instructions outlined in the will. If the will specifies an executor or personal representative, the court will only need to confirm their appointment. If there is no designated executor or the named executor is unable or unwilling to serve, the court then appoints an administrator to handle the estate. 

3. Inventory and Appraisal

The executor conducts an inventory of the deceased person’s assets and obtains professional appraisals if necessary. This step helps determine the estate’s value.

4. Payment of Debts and Taxes

The executor identifies and pays any outstanding debts and taxes owed by the estate. This may involve notifying creditors, settling claims, and filing the deceased person’s final income tax return. 

5. Distribution of Assets

Once debts, taxes, and administrative expenses are settled, the executor distributes the remaining assets to the beneficiaries as specified in the will.

6. Closing the Estate

After completing all necessary tasks, the executor files a final account with the court, providing a detailed report of the estate’s administration. Once approved by the court, the estate is closed.

What Happens if You Die Without a Will in Texas?

If a person dies without a will in Texas, they are said to have died “intestate.” In such cases, the distribution of assets and the administration of the estate follow the laws of intestate succession. 

Intestate Succession in Texas

In cases where someone dies without a will in Texas, their assets will be divided according to intestate succession laws. Here’s what generally happens:

1. Appointment of an Administrator

Since no designated executor exists, the court appoints an administrator to handle the estate. Typically, the court prefers a qualified person nominated by the beneficiaries, such as a surviving spouse or an adult child. However, the court may appoint an independent administrator if no suitable candidate is available. 

2. Determination of Heirs

Texas law establishes a hierarchy to determine the heirs of an intestate estate. The surviving spouse and children, including adopted and non-marital children, are given priority. If there is no surviving spouse or children, other family members, such as parents, siblings, or more distant relatives, may inherit the estate.

3. Inventory and Appraisal

If necessary, the administrator takes an inventory of the deceased person's assets and obtains professional appraisals to determine the estate's value.

4. Payment of Debts and Taxes

Like the process with a will, the administrator identifies and pays any outstanding debts and taxes the estate owes.

5. Distribution of Assets

After settling debts and taxes, the remaining assets are distributed to the heirs according to Texas intestate succession laws. The distribution is usually awarded based on the degree of relationship to the deceased person.

While this process is effective, intestate succession laws may not align with a person's specific wishes or family dynamics. Therefore, to ensure your assets are distributed according to your preferences, it is highly recommended to create a valid will. 

Community Property in Texas Inheritance Law

In Texas, property acquired by either spouse during the marriage is generally considered community property. This includes income earned, assets acquired, and debts incurred by either spouse during the marriage, with a few exceptions.

Community property includes a right of survivorship, meaning that when one spouse passes away, their share of the property automatically passes to the surviving process without going through the probate process. These rights apply regardless of whether or not the deceased spouse had a will.

Separate Property in Texas Inheritance Law

Property owned by a spouse before the marriage, acquired by gift or inheritance during the marriage, or designated as separate property through a legal agreement like a prenuptial or postnuptial agreement, is considered separate property. Separate property generally remains with the spouse who owns it and is not subject to the community property rules.

In cases that involve separate property, the property will be distributed according to their will. If there is no will, it will be distributed according to intestate succession. 

Spousal Rights According to Texas Inheritance Law

In Texas, spousal inheritance rights are primarily governed by community property laws and the provisions of the Texas Family Code. The following list details some key spousal rights related to inheritance in Texas:

1. Right of Survivorship

Texas recognizes the right of survivorship for community property without the need for probate or a will. This right applies regardless of whether or not the deceased spouse had a will.

2. Homestead Rights:

In Texas, the surviving spouse has certain homestead rights. The homestead is the primary residence of the married couple. If the deceased spouse owned the homestead, the surviving spouse is entitled to occupy and live there for their lifetime or until they abandon it. However, if the homestead was separate property of the deceased spouse, the surviving spouse's rights may be subject to limitations.

3. Family Allowance

The surviving spouse is entitled to a family allowance, which is a reasonable sum of money set aside from the estate for financial support during the administration of the estate. The court determines the family allowance is intended to cover reasonable living expenses. 

4. Exempt Property

The surviving spouse is entitled to specific exempt property, which includes personal property, furniture, appliances, and other household items. The exempt property is set aside from the estate and is not subject to creditors' claims. 

5. Forced Share

Texas has a "forced share" or "elective share" provision that protects the surviving spouse from being completely disinherited. If a deceased spouse's will fails to provide the surviving spouse with a fair share of the estate, they have the right to elect to receive a statutory share of the estate. The exact percentage of the elective share varies depending on the length of the marriage. 

Children's Rights to Inheritance According to Texas Law

Under Texas law, children have certain inheritance rights. Here are some key points regarding children’s rights to inheritance in Texas:

1. Forced Share

Like spousal rights, Texas has a forced share provision that protects children from being completely disinherited. If a deceased parent's will fails to provide a fair share to their children, the children have the right to receive a statutory share of the parent's estate. The exact percentage of the elective share varies depending on the number of children and other factors. 

2. Representation

If a child of the deceased dies before them but has children of their own, those grandchildren would be the descendants of the deceased. In that case, those grandchildren typically have the right to represent their deceased parent's portion of the estate. This means that the grandchildren take the place of their deceased parent and inherit their parent's share of the estate.

3. Guardian of Estate

If a child is a minor and is entitled to inherit property, the court may appoint a guardian of the child’s estate to manage and protect their inheritance until they reach the age of majority. 

Illegitimate Children

Under Texas law, illegitimate children generally have the same rights to claim inheritance as legitimate children. However, to establish inheritance rights, a child born out of wedlock must prove their biological relationship to the deceased parent. This can be done through various means, such as DNA testing, documentation, or any other evidence that establishes the parent-child relationship.

It’s important to note that inheritance rights for illegitimate children can sometimes be subject to certain limitations or additional requirements, particularly if the alleged biological father did not openly acknowledge paternity during his lifetime. In such cases, it may be wise to seek legal assistance from an attorney to navigate the specific circumstances and ensure the protection of the illegitimate child’s right to inheritance.

Single and Childless in Texas Inheritance Law

In Texas inheritance law, specific provisions exist to address situations where an individual is single, childless, and dies without a will.

For example, if a single and childless person dies without a will, their estate will generally pass to their closest surviving relatives according to the laws of intestate succession. Without a surviving spouse, the estate typically passes to other family members, such as parents or siblings. 

If the deceased person's parents are alive, they are usually the first in line to inherit the estate when no children are present. If only one parent survives, they typically receive the entire estate when there are no children. If both parents are deceased, the estate will pass to the deceased person's sibling or their descendants, if any. 

In cases where the siblings have predeceased the deceased person, their share would pass to their children (nieces and nephews of the deceased person), representing the deceased siblings’ portions. 

In the absence of parents, siblings, or their descendants, the estate may pass to more distant relatives, such as grandparents, aunts, uncles, or cousins, depending on the specific familial relationships. 

Non-Probate Texas Inheritances

In Texas, certain assets can pass to beneficiaries outside the probate process, meaning they are not subject to the formal court-supervised administration. These non-probate assets generally transfer directly to designated beneficiaries upon the owner’s death.

• Jointly owned property: When a property is jointly owned with rights of survivorship, such as joint bank accounts, real estate held as joint tenants with rights of survivorship, or certain types of jointly owned investments, the surviving owner automatically becomes the sole owner upon the death of the other owner.

• Beneficiary Designations: Assets that have named beneficiaries, such as life insurance policies, retirement accounts, payable-on-death bank accounts, transfer-on-death securities accounts, and certain annuities, allow the account holder to specify who will receive the asset upon their death. These assets transfer directly to the named beneficiaries without going through probate. 

• Trust Assets: Assets held in a revocable trust can pass to beneficiaries according to the terms of the trust agreement. The trust assets are managed and distributed by the trustee without the need for probate court involvement.

• Life Estates: A life estate is a legal arrangement where a person retains the right to use and enjoy a property during their lifetime, but upon their death, the property automatically passes to the designated remainder beneficiaries without probate. 

While these non-probate assets bypass the probate process, they may still be subject to other legal requirements, such as tax obligations or specific rules outlined in the relevant agreements or contracts. 

Unique Situations in Texas Inheritance Law

Texas inheritance law encompasses various unique situations that may arise in the distribution of assets, including specific probate alternatives. For example, the Small Estate Affidavit process for estates with limited assets, and the Independent Administration process, allow for a simplified and less court-supervised administration of the estate.

In addition, Texas law recognizes inheritance rights of non-marital children, also known as illegitimate children, ensuring they can claim an inheritance from their biological parents. 

How Long Do You Have to Contest a Will in Texas?

According to the Texas Estates Code, a person has two years from the date the will is admitted to probate to contest its validity. The clock typically starts ticking when the court accepts the will for probate. This two-year period provides a reasonable timeframe for interested parties to come forward and challenge the will's validity. 

The most common grounds for contesting a will include the alleged lack of testamentary capacity, meaning that the deceased person was not of sound mind or understanding when the will was executed, or the claim that the will resulted from undue influence. To be relevant, these grounds must be supported by evidence and typically require legal proceedings to determine their validity. 

If there is evidence of fraud, forgery, or duress surrounding the execution of the will, it may be possible to contest the will even after the four-year statute of limitations has passed. In such cases, the statute of limitations may be extended, and the contestation can occur within two years from the date the fraud, forgery, or coercion was discovered or should have been discovered with reasonable diligence.