logo
  • Home
  • About
    • About The Firm
    • About Erin C. Callahan
  • Services
    • Overview
    • Wills
    • Estate Planning
    • Business Law
  • Blog
  • Contact
    • Contact Us
    • Book an Appointment
  • Home
  • About
    • About The Firm
    • About Erin C. Callahan
  • Services
    • Overview
    • Wills
    • Estate Planning
    • Business Law
  • Blog
  • Contact
    • Contact Us
    • Book an Appointment
by Erin Callahan
WillsOctober 6, 20180 comments

What happens if I Die without a Will?

What happens if I Die without a Will?

The State does not automatically get your property if you die without a Will. The only way your Estate will Escheat to the State is if you have NO living heirs: no parents, no siblings, no spouse, no children, no grandparents, no aunts or uncles, or any cousins. In fact, in Texas there is no limit on the degree of relationship required to qualify as an heir; this includes distant relatives or the so-called “laughing heirs.”

            The State of Texas has drafted a will for you. Therefore, if you die without a will, Texas has laws that state what will happen. For example, the intestacy statue provides that if you are single and don’t have any children your parents will inherit your property equally. What if you didn’t want one of your parents to inherit your Estate. This is an excellent example of why you need a will.

Second, if you die without a will, it will be twice as expensive and more time consuming for your loved ones. The documents that are required by the court when there is not a will are doubled. For example:

Will                                                          No Will

Application to Probate                        Application to Probate

                                                                 Application to Determine Heirship

                                                                 Disinterested Witness

                                                                 Ask Court to Appoint Guardian Ad Litem

                                                                 Judgement Claiming Heirship

These extra steps will cost your family anywhere from an additional $2,000 to $5,000. Then, if one of those long-lost siblings, cousins, or other relatives contest the Estate, you can expect to pay five to ten times more. Contested probate battles are some of the longest, most brutal, and most expensive cases. Often families can pay upwards of $50,000 to $100,000 or more depending on the size of the Estate and how long the parties disagree.

What is A Will?Prev
Important Life Events that Cause You to Revisit Your WillNext

Latest Posts

by Erin Callahan

Estate Planning For Second Marriages with Kids from a Previous Marriage

Meeting with an Estate Planning attorney is critical when you remarry with children from a previous relationship. You want to protect both your Spouse and...

Estate Planning For Second Marriages with Kids from a Previous Marriage

End of Life Planning, Estate Planning, Incapacity Planning, Uncategorized, WillsJanuary 19, 2021
by Erin Callahan

Are you not sure where to start?

Half of Americans (50%) said the pandemic made them realize how unprepared they were for a serious emergency.  What have you done to plan for an...

Are you not sure where to start?

End of Life Planning, Estate PlanningJuly 21, 2020

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Don't Miss Out!

Get our guide to the 5 Mistakes people make when creating a will.

    No thanks, I don't make mistakes.
    We will keep your email private. You can unsubscribe at anytime.

    You've been subscribed!


    logo

    The Law Office of Erin C. Callahan, PLLC
    is a solo practice focusing on wills, estate planning, and real estate law. Contact us for a free consultation‎.

    Menu

    • Home
    • About Us
    • Practice Areas
    • Blog
    • Book an Appointment
    • Contact Us

    Practice Areas

    • Overview
    • Wills
    • Estate Planning
    • Business Law

    Contact

    1120 NASA Pkwy #642
    Houston, TX 77058

    Email: info@ecallahan.com

    Phone: 281.766.0976

    Fax: 281.766.0975

           

    © 2021 The Law Office of Erin C. Callahan, PLLC
    The information on this website is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained on this website should be construed as legal advice from The Law Office of Erin C. Callahan, PLLC and it’s lawyers, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the appropriate jurisdiction.