Dying without a will in Texas: What happens to your property and kids

About three in ten U.S. adults have created a will, according to a 2025 Pew Research Center study, leaving most without one. In Texas, dying without a will means state law, not personal wishes, determines property distribution and child guardianship. Texas law typically gives probate assets to a surviving spouse and children, but complex family situations can complicate the process. Probate can be lengthy and expensive, with fees paid from the estate, while assets like life insurance may transfer without a will. Adults should consider a will after major life changes like marriage, children, or buying a house. Texans can create holographic or formal attested wills, with costs starting around $1,000, and free legal clinics are available through organizations like DVAP.