Another disadvantage of dying without a validly created will is that Texas law treats a lifetime gift only as a gift and not as an advancement of a future bequest. For example, if you intended to count a niece’s car as a gift against her future inheritance, you need to state such in your will. If you do not create a will, the Texas Probate Code treats the gifted car as a gift and not as an advance. This can become a problem if you intended to give your children equal shares of your assets but gave one a sizeable lifetime gift to count toward her inheritance.
By neglecting to draft a will, you cannot select who will be responsible for administering your estate. If you drafted a will, you could select your attorney, a family member or trusted confidante to administer your estate. If you die intestate, a court may have to appoint an individual to act as your personal representative, and the appointed individual may not have any relationship to you. Furthermore, if a court appoints a family member to serve as the personal representative of your estate, she may have to post a bond with the court to ensure timely payments to creditors and distributing your property to your heirs. This may be expensive, depending on the size of your estate, and it may be difficult for her to afford without her inheritance.