Texas Intestacy Rules

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.

Married person dies with children that are ALL from current marriage

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
Community PropertyAll to surviving spouse201.003(b)(2)
Separate Property2/3 to the children and 1/3 life estate to surviving spouse with children as remainders201.002(b)

Married person dies with children NOT ALL from current marriage

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
Community Property1/2 to surviving spouse, 1/2 divided equally among children201.003(c)
Separate Property2/3 to the children and 1/3 life estate to surviving spouse with children as remainders201.002(b)

Married Person with no children survived by both parents

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
Community Propertyall to surviving spouse201.003(b)(1)
Separate Property1/4 to father, 1/4 to mother, 1/2 to surviving spouse201.001(c) 201.002(c)(2)-(3)

Married Person with no children survived by one parent and siblings

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
Community Propertyall to surviving spouse201.003(b)(1)
Separate Property1/4 to parent, 1/4 to siblings, 1/2 to surviving spouse201.001(d) 201.002(c)(2)-(3)

Married Person with no children survived by no parents and no siblings

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
Community Propertyall to surviving spouse201.003(b)(1)
Separate Property1/4 to parent, 1/4 to siblings, 1/2 to surviving spouse201.002(d)

Married Person with no children survived by one parent and no siblings

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
Community Propertyall to surviving spouse201.003(b)(1)
Separate Property1/2 to parent, 1/2 to surviving spouse201.001(c) 201.002(c)(2)-(3)

Married Person with no children survived by siblings only

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
Community Propertyall to surviving spouse201.003(b)(1)
Separate Property1/2 to siblings, 1/2 to surviving spouse201.001(e) 201.002(c)(2)-(3)

Single person survived by children

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
Allequally to children201.001(b)

Single person survived by no children but both parents

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
All1/2 to each parent201.001(c)

Single person survived by no children but one parent and siblings

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
All1/2 to parent, 1/2 to siblings201.001(d)(1)

Single person survived by no children but one parent and no siblings

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
Allall to parent201.001(d)(2)

Single person survived by no children, no parents, but siblings

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
Allall to siblings equally201.001(e)

Single person with no surviving children, no parents, no siblings

Kind of PropertyWho Gets itApplicable Texas Estates Code Section
All1/2 to paternal kindred, 1/2 to maternal kindred201.001(f)

Note: Descendants of a pre-deceased person that would otherwise be an heir take their parent's share.