Intestate Succession Is Dictated by State Law, Not by a Will

Outline (skeleton)

• Opening spark: a simple question about who gets assets when there’s no will.

• What intestate succession means: definition, how it differs from having a will.

• State-by-state rulebook: why “dictated by state law” is the key phrase, with a Texas flavor.

• Why title pros should care: how intestacy shapes ownership chains, probate steps, and document needs.

• Practical notes for Waco-area practice: confirming heirs, probate pathways, and common affidavits.

• Quick Q&A vibe: clear answers to the most likely questions.

• Gentle wrap: the bottom line and a practical takeaway.

Intestine? Not quite. Intestate succession explained in plain terms

If someone dies without a valid will, the court steps in to decide who inherits. That process is called intestate succession. Here’s the core idea: there isn’t a living document spelling out who gets what. Instead, the rules come from the state. The estate isn’t parceled out by personal wishes or a trusty deed; it’s allocated according to a state-crafted order of heirs.

This is different from the familiar “will,” where a person names heirs and sets conditions for transfers. With intestacy, the decedent’s voice isn’t part of the plan. The system relies on statutory guidelines, not on a particular testament. It’s straightforward, yes, but it can feel a bit clinical—which is exactly why real estate professionals pay close attention to it.

The big rule: the laws come from the state

Here’s the blunt truth: intestate succession is dictated by state law. Each state has its own layout—its own hierarchy, its own percentages, its own quirks. The guiding principle is simple: assets go to the decedent’s relatives in a defined order. Because every state handles things a little differently, the details can vary depending on where the decedent lived at death.

In practice, most systems share a core structure. The first in line is usually the surviving spouse and the decedent’s children. If there’s no spouse or no children, the next layers often reach out to other close relatives—parents, then siblings, then more distant kin. Where there are no eligible heirs, some assets may escheat to the state. It’s not about who loved the decedent most; it’s about who the law says counts.

A Texas lens for Waco practitioners

Since Waco sits in Texas, it’s helpful to anchor this in the Texas Estates Code, which guides intestate transfers here. In broad strokes, Texas aims to keep property within the family, starting with a surviving spouse and children and cascading outward if needed. The exact splits and shares can depend on whether there are multiple spouses, blended families, and issues of half-siblings. For title work, those rules matter because they determine who can legally inherit and transfer property when there’s no will.

Why this matters to title professionals

If you’re handling property transfer, title work, or a closing in Texas, intestate rules shape the chain of title. Here’s why that matters:

• Probate reality: Intestacy almost always triggers probate or some form of administration. The court may appoint an administrator to collect assets, pay debts, and then distribute the remainder to the rightful heirs.

• Heir identification: You need to know who the legal heirs are. This becomes the backbone for any deed, transfer, or clearance of title.

• Documentation needed: Without a will, you’ll often rely on probate records, affidavits, and affidavits of heirship to establish who the heirs are and what they’re entitled to receive.

• Timing and transfers: Waiting on probate can slow things down, but timely, accurate identification of heirs keeps transfers moving once the court orders are in place.

• Escheat risk: If no heirs exist, or if heirs cannot be found, the state may claim the assets. That outcome is rare, but it’s a real possibility a title professional must recognize.

Where memory meets the ledger: practical tools and documents

In a situation with intestate succession, you’ll encounter a few familiar instruments:

• Letters of Administration: The probate court typically appoints an administrator to handle the estate when there’s no will.

• Affidavit of Heirship: In some cases in Texas, an heirship affidavit helps establish who the rightful heirs are for real property, especially when full probate hasn’t run its course.

• Probate documents: Petitions, orders, and final distributions become part of the public record and can affect future transfers.

• Escheat notices: If there are no eligible heirs, the property may revert to the state, and that process requires proper notification.

For a Waco title professional, these aren’t just paperwork rituals. They’re the breadcrumbs that trace a clean path from ownership to ownership, even when the original owner didn’t leave a will behind.

A friendly caveat: “the decedent’s wishes” in intestacy

Let me be clear about a common question: can intestate succession reflect the decedent’s wishes? Not unless those wishes happened to be captured in a valid will or trust before death. Intestacy doesn’t honor private intentions—no matter how heartfelt they were—because there’s no named beneficiary to bind the transfer. A living trust or a power of attorney won’t override intestacy unless it’s properly funded and executed beforehand, or unless a court accepts a specific arrangement under state law. In short, without a will, the decedent’s personal wishes don’t drive the distribution.

That’s why good planning matters. A will or trust gives you a roadmap, while intestate succession gives you a map that the state drew—sometimes similar, sometimes a bit surprising, and always binding if you’re part of the process.

Navigating the practicalities in a real-world setting

Let’s connect the dots with a few practical moves you’ll encounter in the field:

• Confirm domicile and timing: The state law that applies depends on where the decedent was domiciled at death. If someone owned property in Texas but lived elsewhere, you’ll see cross-border implications. It’s not just “where the house is.” It’s where the person primarily lived, paid taxes, and intended to call home.

• Check probate status: Is there a will? If not, has an administrator been appointed? Look for probate filings, letters of administration, and any court orders that authorize transfers.

• Identify heirs accurately: You’ll want to locate the closest living relatives per the statute, and then cascade outward if needed. This is where family history, birth records, and sometimes affidavits come into play.

• Prepare for title impacts: Title transfers under intestacy may require certain affidavits, heir confirmations, and perhaps a careful chain of title reconstruction. Ensure that you’re not moving a deed that’s encumbered or that could later be challenged.

• Plan for debts and taxes: Estates aren’t just about assets. Debts get settled first. Any tax implications will also shape what remains to be distributed and how title will reflect it.

A few digressions that still circle back

You might wonder how modern life—think digital assets, joint accounts, and stepped-up value—fits into this traditional rulebook. Intestacy doesn’t specially carve out online accounts, social media, or crypto wallets. Those assets may require separate handling, especially if they don’t pass by a clear deed or beneficiary designation. But for real property, the core idea stays steady: the state’s heirs determine who inherits, with the probate system applying the practical steps to transfer.

And yes, even in a world full of trusts and long-tail ownership strategies, the intestate route still exists as a safety net. It ensures property stays within family lines when no one has formalized wishes ahead of time. That sense of continuity—families receiving what the law says they should receive—can be reassuring, even if it isn’t what anyone might have imagined.

A succinct Q&A to DNAs of the trade

• Is intestate succession about will provisions? No. It operates when there is no will.

• Who decides the distribution? State law; the exact order of heirs varies by state.

• Do you need a living trust for intestate cases? Not for the intestate process itself. A trust can shape distributions when there is one, but intestacy ignores private wishes unless a valid will or trust is in place.

• Can the decedent’s wishes still matter? Only if they’re expressed in a legally valid will or certain types of trusts.

Putting it together: the practical takeaway

For those of us who handle property and title in Waco, the key takeaway is this: intestate succession is a state-driven pathway. It defines who inherits when there’s no will and sets the stage for how title can be transferred through probate or administration. Understanding the state framework helps you map a reliable route from ownership to ownership, even when the decedent didn’t leave a guiding document.

If you’re ever in doubt about who should appear as a rightful heir, or whether a particular deed can move forward, the safe play is to trace the probate pieces—confirm domicile, locate heirs under the statutes, review probate orders, and prepare the necessary affidavits or court filings. It’s a bit of detective work, but it pays off with a cleaner title and less risk for everyone involved.

Final note: a call to clear, careful work

Intestate succession isn’t glamorous, but it’s essential. It’s the sturdy backbone of property transfer when there’s no will. For title professionals in Texas, that means staying curious, keeping the records neat, and knowing where the state’s rulebook begins and ends. When you respect the hierarchy the law lays out, you honor both the decedent and the future owner of the property.

If you’re curious to explore more real-world implications—how an administrator gets appointed, what a typical affidavit of heirship looks like, or how escheat scenarios are handled in Texas—those threads weave into the same tapestry. The more you understand intestate succession, the more confidently you’ll navigate the land of titles, heirs, and rightful transfers, even on days when the rules feel a little abstract.

End of piece. If you’d like, I can tailor this toward a specific Texas county’s nuances or add a short glossary of key terms you’re likely to see in deeds and probate filings.