What Happens If Someone Dies With Only a Draft of a Will in Austin, Texas?
It’s difficult enough to lose a loved one, but it can get even more stressful if there’s a disagreement over who should inherit their property. One common situation we see across Austin — from South Congress to Westlake Hills — is when a person passes away with only a draft of a will, but never actually signed or finalized it.
As a hypothetical example of a question that we commonly get asked:
“My aunt died last month. She had a draft of her will from earlier this year that explained who should get what, but she never signed it officially. Now everyone in the family is fighting over her assets. What do we do?”
Sadly, this is more common than you might think. Let’s break down what the law in Texas says about draft wills, and what happens if there is no valid, signed will in place.
Is a Draft of a Will Legally Valid in Texas?
In most cases, no. Under Texas law, a will generally must meet these requirements to be valid:
It is in writing
Signed by the person making it (the testator)
Witnessed by at least two people over age 14 who are not beneficiaries
If your aunt only had a draft of her will but never signed it, that draft does not count as a legally valid will. Unfortunately, that means her estate will likely be treated as intestate, meaning she died without a will.
How Assets Are Divided Without a Valid Will
When there is no valid, signed will, Texas intestacy laws take over. The Texas Estates Code spells out exactly who inherits, based on family relationships. For example:
If there are children, they typically share equally
If no children, then siblings or parents may inherit
More distant relatives inherit only if there are no closer heirs
A probate court in Travis County will follow these laws, regardless of what the unsigned draft will might have said.
What Can You Do If a Family Dispute Breaks Out?
If the family is arguing over who gets what — especially if they feel the unsigned draft was your aunt’s true wishes — you should:
Consult a probate lawyer in Austin
An attorney can review the facts and advise whether any legal challenges could be made, for example, if there is evidence of a lost will or if fraud is suspected.
Gather evidence
If there are emails, texts, or witnesses who heard your aunt talk about her wishes, it is helpful to collect them, even though they do not replace a signed will.
File for probate
Someone needs to apply to become the estate’s administrator under Texas intestacy rules. This person will handle debts, taxes, and legally distribute property.
Communicate clearly with family
Tensions run high after a loved one’s death. Calm, transparent communication can help avoid deeper rifts.
Why It’s So Important to Finalize Your Will
This case is a perfect example of why no one should delay signing their will. A draft is not enough. If your loved one passes away before properly executing their will, their assets may go to people they never intended — and family conflict can explode.
If you live in Austin — whether near Barton Creek, The Domain, or out in Cedar Park — take the time to complete a legally valid will to protect your legacy and spare your family a legal fight.
Final Thoughts
If your family is going through this stressful scenario, don’t wait to get professional guidance. A Texas probate attorney can help sort through a contested estate and protect everyone’s legal rights.
Need immediate help? Call Mike Massey Law at (512) 400-4430 for a free consultation. We help clients across Austin, from Circle C Ranch to Georgetown, handle probate the right way.
