Do I Need a Will?

Tyler Kubinski • Jun 12, 2020

I have some assets.

If you have assets that involve titles such as a house, car, bank accounts, or substantial personal property then most likely you will need a Will. However, if all of your assets have a beneficiary such as a life insurance policy, retirement account, or bank account with a designation of payable on death a Will may not be necessary.

If I have a Will, do I need to go through probate?

Yes. Under Texas law a Will is not self probating and must be probated within 4 years of your death. By probating the Will the judge legitimizes your Will as the your last Will and authorizes an Independent Executor to act on behalf of the estate without court supervision.

If I die without a Will, won’t my spouse inherit everything?

It depends. If you had no children or had only children from your current marriage then your spouse will inherit your share of the community property and a portion of your separate property.

If I die without a Will, where does my property go?

If you die without a will, this is called intestacy and Texas law provides how your property will be divided. For example, if you were married but had children from a prior marriage or out of wedlock, then your 1⁄2 of the community property will be divided between all your children equally and not your spouse. This is not what most people want for their spouse and shows why it is important to have a Will. In addition, if you die without a Will, your loved ones will be required to file a Declaration of Heirship with Administration, which is an expensive process compared to the probate of a Will.

There's still so much that goes into deciding if a Will is right for you. You can find more information on our Wills & Probate page, or call so we can answer your questions directly.

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