What Happens If Someone Dies Without a Will in Texas?

When a person dies without a will in Texas, the state decides who inherits their property. This is called intestate succession, and the rules are written into the Texas Estates Code. While the law tries to distribute assets in a way that most people would consider fair, the results can sometimes surprise families.

What Does "Intestate" Mean?

When someone dies "intestate," it simply means they died without a valid will. In Texas, more than half of adults do not have a will. When this happens, the Texas Estates Code (Chapter 201) determines who inherits and how much they receive.

Intestate succession only applies to assets that would have gone through probate. Assets with named beneficiaries, jointly held property, and trust assets pass outside of probate regardless of whether there is a will.

Community Property vs. Separate Property

Texas is a community property state, which means the law distinguishes between two types of property:

• Community property: Everything acquired during the marriage by either spouse (wages, purchases, investments)
• Separate property: Assets owned before marriage, gifts, and inheritances received by one spouse

This distinction matters because Texas intestate succession laws treat community property and separate property differently.

Who Inherits Under Texas Law?

Married with Children (All from the Marriage)

The surviving spouse inherits all community property. For separate personal property, the spouse gets one-third and the children share two-thirds. For separate real property, the spouse gets a life estate in one-third and the children inherit everything else.

Married with Children from a Previous Relationship

This is where things get complicated. The surviving spouse keeps only their one-half of community property. The deceased's one-half of community property goes to their children — not to the surviving spouse. This catches many families off guard.

Married with No Children

The surviving spouse inherits all community property. For separate personal property, the spouse gets everything. For separate real property, the spouse gets one-half and the other half goes to the deceased's parents, siblings, or their descendants.

Single with Children

The children inherit everything, divided equally. If a child predeceased the parent but has their own children, those grandchildren inherit their parent's share.

Single with No Children

The estate passes to the parents equally. If only one parent survives, that parent gets half and the other half goes to siblings and their descendants.

Assets That Bypass Intestate Succession

Not all assets are subject to intestate succession. The following pass directly to designated beneficiaries: life insurance, retirement accounts (401k, IRA), payable-on-death bank accounts, transfer-on-death deeds, and jointly held property with right of survivorship.

Establishing Heirship in Texas

When someone dies without a will, the family usually needs to go through a legal process to establish who the rightful heirs are:

• Affidavit of Heirship: A sworn document identifying the heirs, filed in the county deed records. Simpler and less expensive, but some institutions may not accept it.
• Determination of Heirship: A formal court proceeding where a judge issues an order identifying heirs and their inheritance percentages. Provides definitive legal clarity.

In Bexar County, a determination of heirship typically takes 2 to 4 months.

Protect Your Family — Create a Will

The best way to avoid intestate succession is to create a valid will or estate plan. Even a simple will ensures your property goes to the people you choose.

Schedule a free consultation to discuss your situation and protect your family's future.