Dying Without a Will in Texas: Who Inherits
If someone dies in Texas without a valid will, state intestacy law decides who inherits, in a fixed order that favors a surviving spouse and children, and the court appoints an administrator. The outcome depends on whether the person was married, whether all children are from the same marriage, and whether the property is community or separate. The result often differs from what the person would have chosen.
Who inherits
| Family situation | General result |
|---|---|
| Spouse and children, all children shared with the spouse | Community property goes to the spouse. Separate personal property is split between spouse and children, with the spouse receiving a share and a life interest in separate real estate. |
| Spouse, with a child from another relationship | The spouse receives half the community property. The other half goes to the children, including the decedent's children from the other relationship. |
| Children, no spouse | Children inherit everything equally. |
| No spouse or children | Parents and siblings, then more distant relatives. |
These are general patterns. The statute has more detail, and the right answer depends on the facts. An attorney can confirm who inherits in a particular case.
Community and separate property
The rules treat community property (acquired during marriage) and separate property (owned before marriage, or received as a gift or inheritance) differently. A surviving spouse can end up co-owning the house with children from the decedent's earlier relationship, which can lead to conflict. See community property at death.
Court-appointed administrator
Without a will there is no named executor, so a court appoints an administrator. The administrator usually posts bond and may need more court oversight than an independent executor. Heirs sometimes dispute who should serve, which adds cost and delay.
What intestacy cannot do
- It cannot name a guardian for minor children.
- It cannot leave anything to unmarried partners, friends or charities.
- It cannot set up trusts to hold money for young or vulnerable heirs.
- It cannot disinherit anyone the statute treats as an heir.
The fix
A will, even a simple one, replaces the default rules with your choices. A living trust can go further by avoiding probate and holding assets for children. Assets with beneficiary designations pass outside intestacy as well. See what a living trust is for the next step beyond a will.
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Book Free ConsultationFrequently asked questions
Does my spouse get everything if I die without a will?
Not always. If you have children from a different relationship, or for separate property, the spouse may share with children.
Can an unmarried partner inherit without a will?
Not under intestacy. Only legal heirs inherit unless there is a will or a beneficiary designation.
Who takes care of minor children without a will?
A court appoints a guardian. A will lets you choose.
Is a handwritten will valid in Texas?
Texas recognizes holographic wills if entirely in the testator's handwriting and signed. They are valid but can raise proof problems.