TX risk area
Complexity triggers in Texas
Scenarios that increase estate risk, such as blended families or multi-state property.
Texas community property rules and constitutional homestead protections can change how assets pass at death.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Texas
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
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.
Sources
- https://texas.public.law/statutes/tex._fam._code_section_3.003
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.41.htm
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Texas.