A will is the legal instrument used to direct the disposition of a person's estate upon his or her death. If a person dies without a valid will, the intestacy law of the state in which that person resided will be applied in the disposition of his or her estate. This article discusses the intestacy law of the State of Texas. The intestacy laws are different from state to state, so please refer to a different source for intestacy laws outside of Texas. To determine how the estate will be distributed for a person who dies intestate in Texas, locate below the scenario of the deceased person and see the corresponding answer.
The following scenarios apply only to separate property owned solely by the deceased person. Scenarios regarding community property are covered later.
Married, With Children
- one third of personal estate to surviving spouse, and two thirds of personal estate to the deceased's children and their descendants
- one third of real estate to the surviving spouse for the remainder of his or her life, and two thirds of real estate to the deceased's children with the remaining one third of real estate also to the children after death of the surviving spouse
Married, Without Children
- all of the personal estate to the surviving spouse
- one half of the real estate to the surviving spouse, and one half of the real estate to the deceased's family as if the deceased was unmarried
Unmarried, With Children
- all to the deceased's children and their descendants
Unmarried, Without Children, With Both Father and Mother Surviving
- to the father and mother in equal portions
Unmarried, Without Children, With Either Father or Mother Deceased, With Brothers or Sisters
- one half to the surviving parent, and one half to the brothers and sisters and their descendants.
Unmarried, Without Children, With Either Father or Mother Deceased, Without Brothers or Sisters
- all to the surviving parent
Unmarried, Without Children, With Both Father and Mother Deceased, Without Brothers or Sisters, With All Grandparents Surviving
- one quarter to paternal grandfather, one quarter to paternal grandmother, one quarter to maternal grandfather, one quarter to maternal grandmother
Unmarried, Without Children, With Both Father and Mother Deceased, Without Brothers or Sisters, With One or More Grandparents Deceased
- one quarter to each surviving grandparent, and the remaining quarters to the descendants of each deceased grandparent
A married person can have separate property and community property. The following scenarios apply only to community property owned by the deceased with his or her spouse.
Married, With Surviving Children Who Are Not Descendants of the Surviving Spouse
- one half of the community estate to the surviving spouse, and the other half to all of the deceased's children and their descendants
Married, Without Surviving Children Who Are Not Descendants of the Surviving Spouse
- all of the community estate to the surviving spouse
Texas intestacy law provides for many inheritance scenarios depending on the familial status of the deceased person. If a person wishes for his or her estate to be distributed in a manner different than what the intestacy laws dictate, that person should have a legal will. Even if the person agrees with the intestacy laws for how he or she wants the estate to be distributed, the absence of a will can create additional costs and delays in disposition of the estate. Individuals should seek legal counsel services in the development of their wills to ensure proper disposition of their estates after death.
Law Source: Texas Statutes, Probate Code, Chapter 2, Section 38 and Section 45
