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Do I Need a Will in Texas?

Without a will, Texas intestacy law decides who inherits — and the answer often surprises blended families.

Lawyer Direct Editorial Team · 5 min read · Published August 18, 2026

What happens without a will

If you die without a will in Texas, the Estates Code decides who inherits. For married people with children from a prior relationship, the result is often not what they expected: the surviving spouse may share ownership of the home with stepchildren.

The core Texas documents

  • Last will and testament, ideally naming an independent executor
  • Durable power of attorney for finances
  • Medical power of attorney and directive to physicians
  • Declaration of guardian for minor children

Independent administration

Texas allows independent administration, which lets an executor settle the estate with minimal court supervision. Naming one in your will typically saves your family thousands of dollars.

This article is general legal information, not legal advice.

Sources & further reading

Lawyer Direct provides general legal information for educational purposes. This content is not legal advice and does not create an attorney-client relationship. Laws and individual circumstances vary.