TX risk area
Intestacy risk in Texas
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Texas
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://texas.public.law/statutes/tex._est._code_section_201.001
- https://texas.public.law/statutes/tex._est._code_section_201.002
- https://texas.public.law/statutes/tex._est._code_section_201.003
- https://texas.public.law/statutes/tex._est._code_section_121.052
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Texas.