Understanding Texas Inheritance Laws
How Texas law determines who inherits when someone passes away—with or without a will.
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What Happens When Someone Dies Without a Will?
When someone dies without a valid will in Texas, they are said to have died "intestate." Texas intestacy laws determine how their property is distributed based on family relationships. The rules can be complex, especially considering Texas is a community property state.
Community Property State
Texas is a community property state, meaning property acquired during marriage is generally owned equally by both spouses. This significantly affects inheritance rules.
Intestate Succession for Married Persons
Community Property
- If all children are also the spouse's children: The surviving spouse keeps their half and inherits the deceased's half (receives everything).
- If there are children from another relationship: The deceased's half goes to their children; the spouse keeps only their half.
Separate Property
- Personal property: Spouse receives 1/3, children receive 2/3.
- Real property: Spouse receives a life estate in 1/3, children receive the rest.
- No children: Spouse may receive more depending on surviving parents/siblings.
Intestate Succession for Unmarried Persons
If the deceased was not married, property passes in this order:
- To children (divided equally)
- If no children, to parents (divided equally if both alive)
- If no parents, to siblings
- If no siblings, to grandparents
- More distant relatives in order prescribed by law
- If no heirs can be found, property escheats to the state
Why a Will Matters
Intestacy laws may not match your wishes. A will allows you to:
- Choose exactly who inherits your property
- Name guardians for minor children
- Leave property to non-relatives or charities
Protect Your Family with Proper Planning
Do not leave your family's inheritance to chance. Create a will that ensures your wishes are honored.
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