Understanding Intestate Succession in Texas
When a person dies without a will in Texas, their estate is distributed according to intestate succession laws outlined in the Texas Estates Code. These laws determine who inherits the deceased’s property and in what proportion based on their surviving family members. Understanding these laws is essential to ensure that heirs know what to expect when no will is present.
What Is Intestate Succession?
Intestate succession refers to the default inheritance rules that apply when someone dies without a valid will. Since there are no written instructions from the deceased, Texas law dictates how assets are distributed among their surviving relatives.
The distribution of assets depends on several factors, including whether the deceased was married, had children, or had other living relatives.
Who Inherits Under Texas Intestate Succession Laws?
1. Married Individuals
For married individuals, property is categorized into two types: community property and separate property.
A. Community Property (Assets acquired during marriage)
• If the deceased had a surviving spouse and all children are from the same spouse → The surviving spouse inherits all community property.
• If the deceased had children from a previous relationship → The children inherit the deceased’s half of the community property, while the surviving spouse keeps their half.
• If there are no children, but the deceased is survived by a spouse → The surviving spouse inherits all community property.
B. Separate Property (Assets acquired before marriage or received as gifts/inheritance)
• If there is a surviving spouse and children:
o Real estate → The surviving spouse gets a one-third life estate, while the children inherit the remaining interest.
o Personal property → The surviving spouse gets one-third, and the children inherit two-thirds.
• If there is a surviving spouse but no children:
o Real estate → The surviving spouse inherits half, while the deceased’s parents or siblings inherit the other half.
o Personal property → The surviving spouse inherits all personal property.
2. Unmarried Individuals
If an unmarried person dies intestate, their estate is distributed in the following order:
1. Children – If the deceased had children, they inherit everything equally.
2. Parents – If there are no children, the estate is divided equally between surviving parents.
3. Siblings – If no parents are living, the estate goes to the deceased’s siblings.
4. Extended Family – If no siblings, parents, or children exist, the estate is distributed to nieces, nephews, grandparents, aunts, uncles, or cousins.
3. No Surviving Family Members
If no legal heirs can be identified, the estate will escheat to the State of Texas, meaning the government takes ownership of the property.
4. Special Considerations
A. Children Born Outside of Marriage
• Texas law recognizes biological and legally adopted children as heirs, regardless of whether their parents were married.
• If paternity is disputed, the court may require DNA testing to determine inheritance rights.
B. Common-Law Marriage
• Texas recognizes common-law marriages, meaning a surviving partner may inherit if they can prove the marriage was legally valid.
Intestate succession laws in Texas ensure that assets are passed to family members, but they may not reflect the deceased’s wishes. To avoid unintended outcomes, individuals should consider creating a will to have full control over how their estate is distributed.