TX state guide
Texas estate risk overview
This guide explains how estate outcomes work in Texaswhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Texas intestacy distinguishes between community and separate property, with the surviving spouse's share changing based on whether all descendants are shared with the spouse.
- Community property: the decedent's one-half passes to the spouse if there are no descendants or all descendants are also the spouse's; otherwise the decedent's half passes to the descendants.
- Separate personal property: if there are descendants, the spouse receives one-third and descendants receive two-thirds.
- Separate real property: if there are descendants, the spouse receives a life estate in one-third and descendants take the remainder; if no descendants, the spouse receives one-half and the other half passes to parents or siblings.
- If there is no surviving spouse, the estate passes to children or their descendants, then to parents, then to siblings and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Texas allows a small estate affidavit for intestate estates when qualifying assets are under a statutory cap and no personal representative is pending.
- The decedent must have died intestate.
- Non-exempt probate assets must be $75,000 or less.
- At least 30 days must pass after death and no personal representative can be pending or appointed.
- The affidavit must be filed and approved by the court with jurisdiction.
- A small-estate affidavit must be approved by the court before it can be used to transfer property.
Estate and inheritance tax exposure
Texas does not impose a state estate or inheritance tax.
- Texas currently has no tax on a decedent's estate.
- Texas has no state inheritance tax.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Texas treats parents as natural guardians and gives priority to parental nominees, while allowing minors age 12 or older to select a guardian subject to court approval.
- If parents live together, both are natural guardians; the court appoints the better-qualified parent for the child's estate if needed.
- A surviving parent is the natural guardian and is entitled to appointment of the child's estate guardian.
- A surviving parent may appoint a guardian by will or written declaration, and the court gives the nominee priority unless disqualified or not in the child's best interest.
- A minor age 12 or older may select a guardian with court approval.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Risk areas
Explore estate risk dimensions in Texas
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Texas
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Texas
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Texas
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.