If someone dies in Texas without a will, state law decides who gets their property. Many people are surprised by the answer, especially in blended families.
This guide explains the basic rules of intestate succession in Texas. It is general education, not legal advice for your situation. Inheritance rules are technical, and the details of a particular estate can change the result.
The starting point: Texas Estates Code Chapter 201
When a person dies without a valid will, they are "intestate." Chapter 201 of the Texas Estates Code sets out who inherits. The answer depends on two things: whether there is a surviving spouse, and what kind of property is involved.
If you hear about "new Texas inheritance laws," note that these core rules have been stable for years. Statutes can be amended, so always confirm the current law for your facts.
Community property vs. separate property
Texas is a community property state. Property acquired during marriage is generally community property. Property owned before marriage, or received during marriage by gift or inheritance, is generally separate property.
The rules differ for each, and it is not always obvious which category an asset falls into. A house bought before the marriage and paid down afterward can raise real questions.
Married, with all children from the current marriage
When every surviving child is also a child of the surviving spouse, the community estate generally passes entirely to the surviving spouse.
Many couples assume this is how it works in every family. It is not.
Married, with a child from another relationship
If the deceased spouse has a child who is not also the surviving spouse's child, the deceased spouse's half of the community estate generally passes to their children or descendants, not to the surviving spouse.
That means a surviving spouse can end up co-owning the home and other assets with stepchildren. This is the situation we see most in blended families, and it is the reason a will or trust matters.
Separate property
Separate property is treated differently for a surviving spouse when there are descendants.
- Personal property. Generally, the spouse receives one-third, and the children or their descendants receive two-thirds.
- Real property (land). Generally, the spouse receives a life estate in one-third of the land, and the children or their descendants receive the rest.
If there are no children or descendants, the spouse generally takes all of the separate personal property and one-half of the separate land. In that case the spouse takes the entire estate if there is also no surviving parent, sibling or descendant of a sibling.
No spouse
If there is no surviving spouse, the estate passes to the closest relatives in a set order:
- Children and their descendants.
- If there are none, the parents.
- If one parent has died, the estate is generally split between the surviving parent and the siblings (and their descendants).
- If neither parent survives, the siblings and their descendants.
- If none survive, more distant relatives, such as grandparents and their descendants.
Proving who the heirs are
With no will, someone has to establish who the legal heirs are before property such as real estate can move.
- Determination of heirship. A court proceeding where the judge decides who the heirs are, usually with testimony from someone who knew the family.
- Affidavit of heirship. A sworn statement by someone with knowledge of the family. It may help in some situations, such as clearing title, but it is not a substitute for a court order everywhere, and title companies and lenders may require more.
- Small estate affidavit. For some smaller estates, heirs can use a sworn affidavit instead of a full administration. Limits and conditions apply, including a dollar cap that excludes homestead and exempt property, and a judge must approve it. See our guide on probate in Collin and Denton County.
These routes cost time and money that a simple will can often avoid.
Why blended families are the most affected
The default rules treat every family the same. They do not know that you want your spouse to remain in the home, that you want a child from a prior marriage protected or that one child needs more support than another.
In a blended family, the default rules can leave a surviving spouse sharing ownership with stepchildren, or leave children from a prior relationship with less than you intended. Read more in our guide to a blended family estate plan in Texas.
What you can do now
Your will, trust, beneficiary designations and deeds replace the default rules with your own plan. The best plan also covers incapacity, guardians for minor children and how assets are held.
Learn about our full estate planning services, or compare options in will or living trust in Texas.
Next step
Not just documents. A strategy for everything you've built. In your Alers Legacy Strategy Session, we look at your family, property and goals, and recommend the plan that fits instead of leaving it to state default rules.
Book your Alers Legacy Strategy Session. Se habla español.
Not sure where to start? Schedule a free 15-minute discovery call with our team.
FAQs
Who inherits if there is no will in Texas?
It depends on whether there is a surviving spouse, whether there are children and what type of property is involved. The rules in Chapter 201 of the Texas Estates Code decide.
Does my spouse automatically inherit everything?
Not always. If you have a child from another relationship, your share of the community estate generally goes to your children, not your spouse.
What is the difference between community and separate property?
Community property is generally what spouses acquire during marriage. Separate property is generally what was owned before marriage or received by gift or inheritance.
Do I need a court to prove who the heirs are?
Often, yes, especially for real estate. Some situations allow an affidavit instead. Which route applies depends on the estate.
Can I change who inherits?
Yes. A valid will, a trust and properly updated beneficiary designations let you decide instead of leaving it to state law.