Texas Resources for Executors

Texas operates under community property law, one of only nine states to do so. Most assets acquired during marriage belong equally to both spouses regardless of whose name is on the title or who earned the income. This fundamental difference from common law states shapes every aspect of estate planning here, from how property passes at death to what a surviving spouse automatically inherits.

If you die without a will in Texas, your heirs must survive you by at least 120 hoursTex. Est. Code § 121.052Verified Sep 10, 2026View source to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters. When children survive, Texas gives the surviving spouse only a life estate in one-third of the deceased spouse's separate real property—the right to use it during their lifetime, but not to sell it. The remaining separate property and all community property follow different rules. This complexity is one reason Texas families often use trusts to simplify asset transfers.

Smaller estates under $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source can use a simplified transfer process that avoids full probate proceedings.

Texas does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Texas provides constitutional homestead protection with no dollar limit on the home's value—only acreage limits of 10 acres in urban areas and 200 acres in rural areas. This means a home worth any amount is protected from most creditors during the owner's lifetime and passes with strong protections to surviving spouses and minor children. Executors must publish a notice to creditors, who then have 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source to file claims against the estate.