If someone dies in Texas without a valid will, state law sets who inherits their estate. This is called intestate succession. It does not mean the state takes all their assets. It also does not mean a spouse gets everything.
Start with two questions. Who are the heirs under the law? How does each asset pass? The answers help a lawyer choose the right path for the estate.
Who inherits if there is a spouse?
Texas treats community property and separate property in different ways. The family tree matters too. A descendant is a child, grandchild or someone further down that family line. Include children from past relationships and the family line of any child who died first.
For community property, §201.003 sets these rules:
- If the person who died has no living descendants, their share goes to their spouse.
- If all their living descendants are also their spouse’s descendants, their share goes to their spouse.
- If any living descendant is not also their spouse’s descendant, the share goes to the deceased person’s children or other descendants under the law. The spouse keeps their own half.
Debts against the community estate still apply.
Two examples of the community-property rules
Assume a couple has $200,000 in community property. There is no will, trust, named beneficiary or survivorship agreement that controls how it passes. These examples leave out debts and other claims.
All children are from this marriage: If the person who died leaves only children of this marriage, the spouse keeps their own $100,000 half. The spouse also inherits the other $100,000.
One child is from a prior relationship: If the person who died leaves just one child, from a prior relationship, the spouse keeps their own $100,000 half. The child gets the other $100,000.
These examples do not resolve disputes about who a child’s parent is, mixed ownership or cases where a child died first.
What happens to separate property?
An asset may be separate if a spouse owned it before marriage, got it as a gift or inherited it. Proof of where it came from can matter.
If the person who died leaves a spouse and descendants, §201.002 treats land and personal property differently. The spouse gets one-third of the separate personal estate. The children or their descendants get two-thirds. For separate land, the spouse gets a life estate in one-third. This right lasts for that spouse’s life. The remainder passes as the law states.
For example, assume the estate has $90,000 in separate cash. If there is a spouse and one living child, the spouse’s share is $30,000. The child’s share is $60,000. This is before debts and other claims. Do not use this cash example to divide land.
If there is no spouse or no living descendant, other rules in Chapter 201 apply.
Does every asset need probate?
No. A valid payable-on-death account, insurance policy, funded trust or transfer-on-death deed may give it another path. Check the terms and whether the person named to receive it is still alive.
For a joint bank account, the word “joint” alone does not create a right of survivorship. The signed terms matter under §113.151. Read our guide to when probate is needed for an asset-by-asset review.
Which court process may fit?
A court may need to rule on who the heirs are, appoint someone to handle the estate, or do both. When there is no will, this court-appointed person is an administrator. The court must find a need for this role. See §306.002.
Some estates can use a small estate affidavit. The rules include:
- At least 30 days must have passed since the death.
- No request to appoint a personal representative is pending or has been granted.
- Counted assets must not exceed $75,000. The homestead and exempt property are left out of this cap.
- Counted assets must exceed known debts under the law’s debt test.
- The form must contain the required sworn facts and get a judge’s approval.
The dollar cap alone is not enough. Read Chapter 205 for all the rules. An affidavit of heirship is a different tool. It does not replace every court process.
What should you gather first?
Bring proof of death, deeds, account and loan records, and any estate documents. List all marriages, children, adopted children and the family lines of children who died first. Include contact details for possible heirs. Flag any facts in dispute.
Keep receipts and estate records. Before paying out assets, ask which debts, claims and family rights apply. A Texas probate lawyer can help choose the next step.