Why Draft a Will…Intestate v. Testate

Planning for the future is essential, especially when it comes to deciding what happens to your assets after you pass away. In Texas, the way your estate is distributed depends on whether you have a valid will (testate succession) or if you pass away without a will (intestate succession). Understanding the difference between these two processes can help you make informed decisions to protect your loved ones and ensure your final wishes are honored.

What is Testate Succession?

Testate succession occurs when a person dies with a valid will in place. In this scenario:

• The deceased (testator) has outlined their wishes regarding the distribution of their assets, including who will receive what.
• The will names an executor, who is responsible for carrying out the terms of the will and managing the estate through the probate process.
• The probate court ensures the will is legally valid and oversees the distribution of assets according to the testator’s instructions.
• The will can specify guardians for minor children and detail special provisions, such as creating trusts for beneficiaries.

Having a properly drafted will allows you to control how your estate is handled and can help your family avoid unnecessary legal disputes or delays.

What is Intestate Succession?

Intestate succession occurs when a person dies without a valid will. In this case, Texas law determines how the estate is distributed. The process follows a strict hierarchy outlined in the Texas Estates Code, which prioritizes close family members.

Intestate succession can lead to unintended consequences, such as estranged relatives inheriting assets or delays in distributing the estate due to more court involvement. It also provides no opportunity for charitable donations, special gifts, or appointing guardians for minor children.

Why Estate Planning Matters

Having a valid will ensures that you—not the state of Texas—decide how your assets are distributed. Estate planning allows you to:

✔ Protect your loved ones by ensuring assets go to the right people.
✔ Minimize family conflicts by providing clear instructions.
✔ Avoid lengthy probate delays associated with intestate succession.
✔ Ensure minor children are cared for by appointing guardians.

If you have questions about creating a will or need assistance with estate planning, The Law Office of Tramaine Y. Tinner, PLLC is here to help. Contact us today to take control of your legacy and secure your family’s future.