Intestate Succession in Texas
State-specific overview · Estate & Probate
Texas gives the surviving spouse a substantial share, often the entire estate if no children or parents survive.
How Texas treats Intestate Succession
If the deceased leaves a spouse and children, the spouse receives one-third of the estate and children split two-thirds. With a spouse but no descendants or parents, the spouse inherits all community property and typically the entire separate property. Texas distinguishes between community property (earned during marriage) and separate property, affecting distribution. If no spouse exists, children inherit equally; if none, parents then siblings inherit.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.