TX risk areas
Texas estate risk areas
These pages explain how default state rules in Texas shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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.
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Guardianship risk
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.
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Complexity triggers
Texas community property rules and constitutional homestead protections can change how assets pass at death.
- Property acquired during marriage is presumed community property unless proven separate.
- Homestead rights protect surviving spouses and minor children and can limit the ability to devise the homestead.
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