Texas' intestacy rules govern how your property would pass if you die without a will. This section will discuss what happens if a Texas resident died after September 1, 1993 . There are different rules for persons dying before that date.
Kind of Property Who Gets it Applicable Texas Estates Code Section
Community Property All to surviving spouse 201.003(b)(2)
Separate Property 2/3 to the children and 1/3 life estate to surviving spouse with children as remainders 201.002(b)
Kind of Property Who Gets it Applicable Texas Estates Code Section
Community Property 1/2 to surviving spouse, 1/2 divided equally among children 201.003(c)
Separate Property 2/3 to the children and 1/3 life estate to surviving spouse with children as remainders 201.002(b)
Kind of Property Who Gets it Applicable Texas Estates Code Section
Community Property all to surviving spouse 201.003(b)(1)
Separate Property 1/4 to father, 1/4 to mother, 1/2 to surviving spouse 201.001(c) 201.002(c)(2)-(3)
Kind of Property Who Gets it Applicable Texas Estates Code Section
Community Property all to surviving spouse 201.003(b)(1)
Separate Property 1/4 to parent, 1/4 to siblings, 1/2 to surviving spouse 201.001(d) 201.002(c)(2)-(3)
Kind of Property Who Gets it Applicable Texas Estates Code Section
Community Property all to surviving spouse 201.003(b)(1)
Separate Property 1/4 to parent, 1/4 to siblings, 1/2 to surviving spouse 201.002(d)
Kind of Property Who Gets it Applicable Texas Estates Code Section
Community Property all to surviving spouse 201.003(b)(1)
Separate Property 1/2 to parent, 1/2 to surviving spouse 201.001(c) 201.002(c)(2)-(3)
Kind of Property Who Gets it Applicable Texas Estates Code Section
Community Property all to surviving spouse 201.003(b)(1)
Separate Property 1/2 to siblings, 1/2 to surviving spouse 201.001(e) 201.002(c)(2)-(3)
Kind of Property Who Gets it Applicable Texas Estates Code Section
All equally to children 201.001(b)
Kind of Property Who Gets it Applicable Texas Estates Code Section
All 1/2 to each parent 201.001(c)
Kind of Property Who Gets it Applicable Texas Estates Code Section
All 1/2 to parent, 1/2 to siblings 201.001(d)(1)
Kind of Property Who Gets it Applicable Texas Estates Code Section
All all to parent 201.001(d)(2)
Kind of Property Who Gets it Applicable Texas Estates Code Section
All all to siblings equally 201.001(e)
Kind of Property Who Gets it Applicable Texas Estates Code Section
All 1/2 to paternal kindred, 1/2 to maternal kindred 201.001(f)
Note: Descendants of a pre-deceased person that would otherwise be an heir take their parent's share.