Elective Share in Texas
State-specific overview · Estate & Probate
Texas does not recognize a traditional elective share; instead, a surviving spouse receives a community property interest and a homestead allowance.
How Texas treats Elective Share
Texas is a community property state, so a surviving spouse automatically owns one-half of all community property acquired during the marriage, regardless of the will. Additionally, the surviving spouse receives a homestead allowance and a family allowance from the estate. Texas does not permit a spouse to elect a forced share against the will in the manner of common-law states. The spouse's protection comes through community property law rather than an elective share statute.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.