Family & Estate · Intestate Succession
Intestate Succession in Texas
Who inherits, and how much, when a person dies without a will in Texas, broken down by family situation, cited to the statute.
Who inherits in Texas, by scenario
The share for the surviving spouse and everyone else, for each common family situation.
Texas divides property into community property (generally what the couple acquired during marriage, half already owned by the survivor) and separate property (owned before marriage or received by gift or inheritance). The intestacy result depends heavily on which is which, and separate real property, personal property, and community property each follow their own rule.
| Who survives | Surviving spouse gets | Everyone else gets |
|---|---|---|
| Spouse and children, all shared | All community property; plus one-third of separate personal property and a life estate in one-third of separate land | The children take two-thirds of the separate personal property and the remainder of the land. |
| Spouse and a child from another relationship | Only the spouse’s own half of the community property; plus one-third of separate personal property and a life estate in one-third of separate land | The decedent’s half of the community property passes to the decedent’s children, who also take the rest of the separate property. |
| Spouse, no children, parents or siblings living | All community property; all separate personal property; and one-half of the separate land | The decedent’s parents or siblings take the other half of the separate land. |
| Spouse only (no children, no parents, no siblings) | The entire estate | No one else inherits. |
| Children only (no spouse) | Nothing (no spouse) | The children and their descendants take the entire estate. |
| No spouse or descendants | Nothing | With no spouse or descendant, the estate passes in order to parents, then siblings and their descendants, then grandparents and more distant kindred, split between the paternal and maternal sides. If no heir can be found, the estate escheats to the State of Texas. |
| How it is administered | Probate | The estate is administered in probate under these rules unless a small-estate affidavit or other simplified procedure applies. A valid will overrides all of it. |
| Statute | Tex. Est. Code §201.001–§201.003 | The controlling statute. Read the full text through the source link below. |
Next steps
Concrete, neutral steps if you are dealing with an estate that has no will in Texas. This is legal information, not legal advice.
- Sort community property from separate property
Texas intestacy turns on this split. Community property is generally what the couple acquired during marriage; separate property is what someone owned before marriage or received by gift or inheritance. Each follows a different rule, so classify the assets first.
- Check for children from another relationship
If the decedent has a child who is not the surviving spouse’s, the decedent’s half of the community property goes to that child rather than to the spouse. That single fact can move a large share away from the surviving spouse.
- Write a will if this is not your plan
These rules are only a default, and they are complicated. A valid Texas will replaces them and is especially important for blended families and for anyone who wants the surviving spouse to keep the whole community estate.
- Get free Texas estate help
The Texas State Law Library and TexasLawHelp explain what happens when there is no will and how to probate an estate. For a larger or blended-family estate, a probate attorney can confirm the shares.
To settle an estate with no will, or to plan your own, start with the probate court or a legal-aid resource. This link explains the process.
→ Texas State Law Library (No Will)This is general legal information, not legal advice. Adoptions, half-relatives, and a prior will can change who inherits, so confirm your situation before relying on the default shares.
What people get wrong in Texas
Texas has some of the most complicated intestacy rules in the country because it layers a community-property system on top of separate rules for land and personal property. Start with the community property, generally what the couple acquired during marriage. If every one of the decedent’s children is also the surviving spouse’s, the spouse keeps all of it. But if the decedent has even one child from another relationship, the decedent’s half of the community property passes to the decedent’s children, not the spouse. Separate property follows its own path: when there are children, the spouse takes one-third of the separate personal property and a life estate in one-third of the separate land, with the children taking the rest. When there are no children, the spouse takes all the personal property and half the land, and the decedent’s parents or siblings take the other half of the land. Because the answer depends so heavily on classifying each asset and mapping the family, a will is the clearest way to avoid surprises, especially in a blended family.
Common questions
Who inherits if you die without a will in Texas?
It depends on community versus separate property and the family. The spouse keeps all community property only if every child is also the spouse’s; otherwise the decedent’s half of the community goes to the decedent’s children. Separate property is split, with the spouse taking a third of personal property and a life estate in a third of land when there are children.
Does a spouse get everything in Texas with no will?
Only in limited cases. The spouse keeps all community property when all children are shared, and takes everything when there are no children, parents, or siblings. But separate property is shared with children, and a child from another relationship can take the decedent’s half of the community property.
How does a blended family change Texas intestacy?
If the decedent has a child who is not the surviving spouse’s, the decedent’s one-half of the community property passes to that child instead of to the spouse. This is the single biggest way a Texas intestacy result differs for blended families.
What is the difference between community and separate property in Texas?
Community property is generally what the couple acquired during marriage, and the surviving spouse already owns half. Separate property is what someone owned before marriage or received by gift or inheritance. Texas intestacy applies different rules to community property, separate personal property, and separate land.
What if there are no relatives in Texas?
The estate passes in order to parents, then siblings and their descendants, then grandparents and more distant kindred, split between the paternal and maternal sides. If no heir can be located, the estate escheats to the State of Texas. A will avoids that result.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.