When you think about “estate planning in San Antonio,” it’s crucial to remember that the laws of Texas — not just general U.S. laws — will shape what happens to your assets after you pass away. One of the most important Texas laws for married couples is the rule of community property. Understanding community property and estate planning in San Antonio, and how it interacts with a will, is key to making an estate plan that works.
Why Community Property Matters for Wills and Estate Planning?
Because of community property rules, even if one spouse writes a will that leaves “everything” to someone (say a child, a friend, or a charity), they can only legally pass on their half share of the marital or community property. The other half automatically belongs to the surviving spouse.
That means:
- A will cannot override the surviving spouse’s interest in community property.
- If you want to ensure certain assets go to someone else (e.g., children from a prior relationship), you need to carefully plan — you can only control your half of community property (plus any separate property).
- Without a valid will (i.e., if you die “intestate”), Texas statutory rules decide who gets your half-share.
In short, the existence of community property fundamentally limits how much of your total marital estate you can freely distribute via your will.
What Happens at Death: Probate, Survivor, and Estate Distribution
When a spouse dies in Texas, the community property estate is terminated, but how assets are distributed depends on whether there is a valid will and what kind of property is involved.
- The surviving spouse automatically keeps their 50% undivided interest in community property — that portion does not need to go through probate.
- The deceased spouse’s half of the community property (plus any separate property) is subject to probate and will be distributed according to the will (if there is one) or intestacy laws (if there isn’t).
Because of these rules, simply drafting a will is not enough — it must reflect the distinction between community and separate property, which is a core part of estate planning in San Antonio.
Implications for San Antonio Residents
- If you want your spouse to inherit everything, you may need more than a will — you might consider a community property survivorship agreement (CPSA), which allows property to pass automatically to the surviving spouse upon death, bypassing probate.
- If you have children from previous relationships (a blended family), or wish to leave property to friends or relatives other than your spouse, you must carefully plan which portion of property is separable (separate property) and how to structure trusts or other mechanisms to control distribution — a key concern in estate planning in San Antonio.
- Real estate — especially the family home bought during marriage — is often community property. Assuming you can will the entire home to someone else may lead to surprises later. Many couples wrongly assume home ownership title determines inheritance; under Texas law, it’s the timing and manner of acquisition that matters.
- Without proper planning (will, trust, or CPSA), intestacy laws will govern your estate, which may result in outcomes you didn’t intend.
Conclusion
If you live in San Antonio and care about what happens to your assets after you die, understanding community property laws is essential. Texas law means that most property acquired during marriage is jointly owned, which limits how much of your estate you can freely allocate via a will. Without careful planning, even a thoughtfully drafted will might not achieve the distribution you intend. That’s why the importance of estate planning for families cannot be overstated — it ensures that your assets, both community and separate, go where you want and provides clarity and protection for your loved ones.
