When someone passes away in Katy, TX, their estate will be handled differently depending on whether they left behind a valid will. Understanding the distinction between testate succession (with a will) and intestate succession (without a will) is crucial for proper estate planning and probate proceedings.
Testate Succession: Dying With a Will
When you pass away with a valid will in place, you’re considered to have died “testate.” Your will serves as your voice after death, directing how your assets should be distributed. In Katy, TX, the probate process for testate estates typically involves:
- Filing the will with the appropriate court (either Fort Bend County or Harris County, depending on your Katy residence)
- Having the court validate the will’s authenticity
- Appointing the executor named in your will
- Notifying creditors and beneficiaries
- Paying debts and taxes
- Distributing assets according to your documented wishes
A properly drafted will allows you to determine who receives your property, who will serve as guardian for minor children, and who will administer your estate. A probate lawyer in Katy TX can help ensure your will meets all legal requirements under the Texas Estates Code.
Intestate Succession: Dying Without a Will
Dying “intestate” means passing away without a valid will. When this happens to Katy residents, Texas intestacy laws determine who inherits your property. The court appoints an administrator (similar to an executor) to manage the estate, and your assets are distributed according to a predetermined formula:
For married individuals:
- If you have children only with your current spouse, your spouse inherits all community property and some separate property
- If you have children from another relationship, your spouse receives a portion, and your children receive portions
- If you have no children, your spouse receives most property, with some possibly going to parents or siblings
For unmarried individuals:
- Children inherit everything
- With no children, parents, siblings, or other relatives inherit according to a specific hierarchy
This statutory distribution may not align with your personal wishes and can create complications for blended families in Katy.
Key Differences in Probate Proceedings
Court Involvement
Both testate and intestate cases require court oversight, but intestate cases often involve more court supervision and can take longer to resolve.
Asset Distribution
With a will, you control who receives what. Without a will, Texas law decides, potentially excluding close friends, unmarried partners, or charities.
Guardian Appointment
A will allows you to name guardians for minor children. Without a will, the court decides guardianship based on the “best interest of the child” standard.
Probate in Katy: Local Considerations
Katy straddles multiple counties, which affects where probate takes place:
- Katy residents in Fort Bend County file at the Fort Bend County Courthouse
- Those in Harris County use the Harris County Probate Courts
- Waller County residents file at the Waller County Courthouse
Each court has specific local rules that a probate lawyer in Katy TX will be familiar with navigating.
Planning Ahead
Creating a valid will is one of the most important steps Katy residents can take to protect their families and ensure their wishes are honored. The Texas Estates Code provides specific requirements for valid wills, including:
- Being at least 18 years old
- Being of sound mind
- Signing the document
- Having it witnessed by at least two credible witnesses
To learn more about creating a will or navigating the probate process in Katy, visit our probate page for information about how we can assist with your estate planning and probate needs.
