Who inherits if there is no will in Texas?

The Estates Code decides, and it treats community and separate property differently. A surviving spouse takes all the community property if every child of the decedent is also the spouse's child, otherwise the decedent's half of the community passes to the children (Est. Code §201.003); the separate property is split between the spouse and the children, parents or siblings by §201.002; with no spouse, it goes to descendants, then parents and siblings, then outward (§201.001). General information, not legal advice.

Does the surviving spouse get everything in Texas without a will?

Often not. The spouse keeps the community property only when all the decedent's children are also the spouse's (Est. Code §201.003); in a blended family the decedent's half of the community passes to the decedent's children. Of the separate property, with children the spouse takes one-third of the personal property and a life estate in one-third of the land (§201.002) — and the homestead's occupancy right protects the spouse's home whatever the shares (Tex. Const. art. XVI, §52).

How is heirship decided when there is no will in Texas?

By a court in a proceeding to declare heirship, which determines who the heirs are and their shares (Est. Code §202.001), or — for a small intestate estate under $75,000 excluding the homestead and exempt property — by the small-estate affidavit the court approves (§205.001). A recorded affidavit of heirship is prima facie evidence of the family history after it has been on record five years (§203.001). A person who does not survive the decedent by 120 hours is treated as having died first (§121.052).

Does the state of Texas take your property if you die without a will?

Almost never. Property escheats to the state only when no heir at all can be found, and the Estates Code's order of descent reaches grandparents and their descendants before that happens (Est. Code §201.001). The real cost of intestacy is losing the choice — of who inherits, of who raises minor children (a guardian can be designated by will, §1104.053), and of how long and how publicly it takes.

Dying Without a Will in Texas (Intestacy)

Want to decide who inherits instead of the state? A free role check shows you where you stand.

Start the free role check

What “intestate” means

Dying “intestate” means dying without a valid will. Texas's intestacy statutes (Estates Code chapter 201) then set a fixed order of who inherits your probate assets — regardless of what you would have wanted — and treat community property and separate property differently. Assets that pass outside probate (a funded Trust, beneficiary designations, survivorship agreements) follow their own rules, not intestacy.

Who inherits under Texas law

Spouse, no descendants — the surviving spouse takes all the community property (Est. Code §201.003) and, of the separate property, all the personal property and one-half of the land; the other half passes to the decedent's parents or siblings if any survive, otherwise to the spouse (Est. Code §201.002).
Spouse and shared descendants only — if every child or descendant of the decedent is also the surviving spouse's, the spouse keeps all the community property (§201.003); of the separate property, the spouse takes one-third of the personal property and a life estate in one-third of the land, and the children take the rest (Est. Code §201.002).
Blended family — if any child or descendant of the decedent is not also the surviving spouse's, the decedent's one-half of the community property passes to the decedent's children (§201.003); the separate-property shares are the same as above (Est. Code §201.002).
No surviving spouse — assets pass to descendants, then to parents and siblings, and outward along the family tree (Est. Code §201.001); a person who does not survive the decedent by 120 hours is treated as having died first (§121.052).

Texas homestead and minor children

The Texas homestead descends like other property, but it cannot be partitioned while the surviving spouse elects to occupy it (Tex. Const. art. XVI, §52), and the court sets aside the homestead, the exempt property and a family allowance for the spouse and minor children before the creditors are paid (Est. Code §§353.051, 353.101). And intestacy never lets you name a guardian for minor children (§1104.053) or set conditions on what they receive. These are exactly the gaps a plan closes.

Does the state take everything?

Almost never. Property only “escheats” to the State of Texas as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.

Take back the decision

Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Texas attorney can help you put a plan in place.

This product is not a substitute for the advice of an attorney.

General information about Texas law, not legal advice.

Frequently asked questions

Who inherits if there is no will in Texas?: The Estates Code decides, and it treats community and separate property differently. A surviving spouse takes all the community property if every child of the decedent is also the spouse's child, otherwise the decedent's half of the community passes to the children (Est. Code §201.003); the separate property is split between the spouse and the children, parents or siblings by §201.002; with no spouse, it goes to descendants, then parents and siblings, then outward (§201.001). General information, not legal advice.
Does the surviving spouse get everything in Texas without a will?: Often not. The spouse keeps the community property only when all the decedent's children are also the spouse's (Est. Code §201.003); in a blended family the decedent's half of the community passes to the decedent's children. Of the separate property, with children the spouse takes one-third of the personal property and a life estate in one-third of the land (§201.002) — and the homestead's occupancy right protects the spouse's home whatever the shares (Tex. Const. art. XVI, §52).
How is heirship decided when there is no will in Texas?: By a court in a proceeding to declare heirship, which determines who the heirs are and their shares (Est. Code §202.001), or — for a small intestate estate under $75,000 excluding the homestead and exempt property — by the small-estate affidavit the court approves (§205.001). A recorded affidavit of heirship is prima facie evidence of the family history after it has been on record five years (§203.001). A person who does not survive the decedent by 120 hours is treated as having died first (§121.052).
Does the state of Texas take your property if you die without a will?: Almost never. Property escheats to the state only when no heir at all can be found, and the Estates Code's order of descent reaches grandparents and their descendants before that happens (Est. Code §201.001). The real cost of intestacy is losing the choice — of who inherits, of who raises minor children (a guardian can be designated by will, §1104.053), and of how long and how publicly it takes.

General information about Texas law, not legal advice.